IACHR grants precautionary measures in favor of individuals who are deprived of liberty at the Guayas 1 penitentiary in Ecuador

January 5, 2026

Washington, DC—The Inter-American Commission on Human Rights (IACHR) issued Resolution 99/2025 on December 30, 2025, to grant precautionary measures in favor of inmates at the Guayas 1 penitentiary facility in Guayaquil, Ecuador, in the belief that they face a serious, urgent risk of suffering irreparable harm to their rights to life, personal integrity, and health.

According to the request for these precautionary measures, conditions of detention at Guayas 1 do not reflect the applicable international standards. The request flagged overcrowded facilities, structural deficiencies, insufficient access to medical care, infectious diseases (especially tuberculosis), malnutrition, and restricted access to drinking water and adequate food. Further, several deaths have been reported at Guayas 1 that are allegedly linked to those conditions of detention.

These conditions have been reported in judicial inspections, reports issued by the National Torture Prevention Mechanism at the Ombudsperson’s Office, Ministry of Public Health statements, and domestic judicial resolutions, which is evidence of the persistent risks inmates face.

The State said it had taken several measures to address the situation at Guayas 1, including better interinstitutional coordination, programs to control and treat tuberculosis, dedicated areas for medical care, transfers of inmates diagnosed with infectious diseases, and public policies concerning health within penitentiary facilities. The State reported that there were domestic judicial mechanisms available for inmates to file complaints about medical care or conditions of detention, whether by filing writs of habeas corpus or by requesting autonomous precautionary measures.

After assessing the legal and factual allegations made by both parties, the IACHR noted that the high number of deaths, the fact that this number has risen steadily, and the lack of disaggregated State data regarding the causes of this problem, along with the findings of judicial delegations and other statements made by State institutions, are evidence of the need to reinforce the measures adopted so far by the State.

The IACHR considered that the beneficiaries face serious, urgent risks. Consequently, in keeping with Article 25 of its Rules of Procedure, the IACHR asked the State of Ecuador to take the following action:

1. Take all necessary measures to prevent loss of life and harm to personal integrity for all inmates at Guayas 1
2. Immediately take all measures necessary to ensure that the beneficiaries’ conditions of detention reflect the applicable international standards, including the following:
   1. Ensure access to adequate, specialist medical care and to any treatment and medication inmates may require, including screening and comprehensive medical evaluations of any health issues
   2. Ensure immediate access to sufficient good-quality food to meet inmates’ nutritional needs, as well as constant access to sufficient drinking water
   3. Take immediate action to substantially reduce overcrowding at Guayas 1
   4. Enable periodic access to individuals who are deprived of liberty at Guayas 1 for inmates’ families and legal representatives
3. Come to an agreement with the beneficiaries and their representatives concerning any measures that need to be taken, and set up an interinstitutional platform that urgently addresses the matter
4. Inform the IACHR of any actions adopted to investigate the alleged events—particularly deaths—that led to the adoption of these precautionary measures, in order to prevent such events from happening again in the future
5. Respond to the IACHR’s request to conduct an on-site visit to the Guayas 1 facility, so that a delegation may verify the adoption of measures that this resolution says should be implemented immediately

The fact that these precautionary measures have been granted and their adoption by the State of Ecuador do not entail a prejudgment on a potential petition that may be filed before the inter-American system to allege violations of rights protected by the applicable instruments.

The IACHR is an autonomous body of the Organization of American States (OAS) whose mandate is based on the OAS Charter and the American Convention on Human Rights. Its mission is to promote and defend human rights throughout the Americas and to serve as an advisory body to the OAS in this area. The IACHR consists of seven independent members elected by the OAS General Assembly who serve in a personal capacity and do not represent their countries of origin or residence.

No. 003/26

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