Samborondón, Ecuador · Ongoing proceedings
30 days in prison.
For a tweet.
For an opinion.
I am Gabriela Panchana-Briones, an Ecuadorian communicator, columnist and civic activist. On July 27, 2026, a judge in Samborondón sentenced me — at first instance — to 30 days in prison and compulsory public apologies for a post on the social network X. This page exists to document my case, so that no Ecuadorian ever has to wonder whether an opinion can cost them their freedom.
I demand that the killing of an activist be clarified and that the authorities answer for the documentation they received in person.
This is what an opinion looks like when the State’s answer is prison.
Case file
The facts, plainly
Case number
09333-2026-01088
Date of ruling
July 27, 2026 · Judge José Intriago Williams
Court
Multi-jurisdictional Judicial Unit of Samborondón
Legal charge
Fourth-class misdemeanor — non-slanderous insult — Art. 396 of the Criminal Code (COIP)
Sentence
30 days in prison + compulsory public apologies
Origin of the case
Private complaint following an exchange of posts on X
Current status
First instance — the ruling is not final and is under appeal
It all began with a post of mine on X about a matter of evident public interest: the killing of the activist Monika Silva. In that message I addressed only the United States Embassy — because of the documentation Monika had delivered to them in person — and demanded that her death be clarified. I named no private individual.
A private individual entered that thread and posted a series of comments. From that exchange on the network came a criminal complaint for insult against me, filed by a lawyer. I was summoned with only days’ notice, the trial hearing was held, and the judge found me responsible for a fourth-class misdemeanor of non-slanderous insult.
The entire proceeding — witnesses, experts, arguments and sentencing — was completed in a single session of 6 hours and 40 minutes. In a country where femicides go unsolved and corruption complaints sit unresolved for years, judging an opinion got a judge, a hearing and a sentence in record time.
Organizations and individuals who asked to observe the hearing — public and remote by law — were denied entry, and no ruling restricting publicity appears anywhere on the record. Fundamedios issued an alert about it and announced it will follow the case’s due process, as it touches directly on freedom of expression.
There are further irregularities, all verifiable against the court record: I was summoned barely 10 days before trial. The case was assigned by lot to one judge, processed by a second as substitute, and decided by a third, who appeared the day of the hearing. The conviction invoked the testimony of a defense witness — a former judge of Ecuador’s Constitutional Court — who had expressly testified that the post was an opinion identifying no one: the ruling adopted his definitions and discarded his conclusion without stating reasons. And the complainant’s own filings preserve his prior escalation: his disparagements, his warning that «who says what they want, hears what they don’t,» and the message that veiledly alluded to a member of my family, placed on record the same day.
So what did the post actually say?
It is the first thing everyone asks, and the answer matters less than it seems: it was a one-line opinion, a general value judgment that named no one — not by name, position or profession. That is what the defense’s own witness, a former judge of Ecuador’s Constitutional Court, testified under oath. And it is what the complainant himself conceded in his filing when explaining why he took it personally: «I suppose that, being your reply…». Suppose. A thirty-day prison sentence was built on that supposition.
I do not reproduce the text here, and I want to explain why. I deleted it from my account a few days later, to keep the conflict from escalating. The strategy of the man who brought the complaint was to turn the case into an argument about a sentence of mine, and so pull attention away from the only thing that mattered: why Monika Silva died, and why her death still has not produced a single arrest. I will not do him that favor on my own page.
What is worth measuring is proportion. An opinion that named no one, posted within the public debate over the killing of a human rights defender, was investigated, tried and sentenced in six hours and forty minutes. The killing that opinion was about has gone months without an arrest. That asymmetry is not a detail of the case: it is the case.
The result: a custodial sentence and the obligation to apologize publicly. For an opinion. Meanwhile, the killing of Monika Silva — the subject of my post — remains without a single arrest.
Timeline
How you end up in prison for an opinion
Dec 2025 | The revelations Following the public complaint of an anti-corruption judge who said he had been pressured to favor a convicted money launderer, I reported publicly on conflicts of interest at the top of the Judiciary Council, linked to the legal defense of individuals associated with drug trafficking. None of those involved denied the information. |
Dec 2025 – Jan 2026 | The retaliation begins Coordinated pro-government accounts attack me in waves; a senior state official publicly insinuates — with no evidence and no judicial process — that my name would appear on seized devices; and the then-president of the Judiciary Council singles me out before the National Assembly, accusing me without proof of destabilizing institutions. Fundamedios documents the pattern in three successive public alerts. |
Feb 2026 | First criminal complaint A private individual files a complaint with the Prosecutor’s Office for alleged tax fraud, based solely on social media posts and providing no evidence, requesting a raid on my home and the seizure of my devices. All of my income is invoiced, declared and taxed. |
May 3, 2026 | I meet Monika Silva Anti-corruption defender Monika Silva personally shares with me, over several hours, her testimony about grave allegations she had been documenting and the threats she had received. She herself had publicly warned of a plan to kill her. |
May 13, 2026 | Slander complaint in Quito — never notified Two private individuals linked to a warehouse raided by the anti-narcotics Police — where close to one million dollars in cash was found — file a slander complaint against me over my posts about that operation. I am never summoned or notified; I discover the complaint on my own. The judge rejects it for failing to meet the requirements of Art. 647 of the COIP and orders it archived on June 29. |
Jun 8, 2026 | Monika Silva is found dead The autopsy, confirmed on June 19, establishes a violent death and rules out suicide; the case is being investigated under the femicide protocol. According to public reports, shortly before her death Silva delivered a dossier with her allegations to the U.S. Embassy in Quito |
Jun 9, 2026 | The tweet I publicly ask the U.S. Embassy to help clarify Monika Silva’s death. A private individual enters the thread accusing me of speaking «only out of economic interests» and announcing that I would answer «before the ordinary criminal courts.» I reply with an opinion that names no one. That same day, another of his messages spells out — in gratuitous capitals — the name of a member of my family. My reply, two minutes later, went on the record: «I take note and keep your veiled threat in my records.» |
Jun 22, 2026 | The UN speaks The UN Special Rapporteur on human rights defenders urges the Ecuadorian State to cease the persecution, criminalization and surveillance of defenders. |
Jun 23, 2026 | His first complaint is dismissed The insult complaint the same individual filed against me (case 09333-2026-01017) is declared «not brought» and archived due to his own procedural default. Days later, he files again. |
Jul 7, 2026 | International alert I file a formal 22-page alert, with documentary evidence, before the Inter-American Commission on Human Rights and its Special Rapporteurship for Freedom of Expression, the UN Special Rapporteur, the OHCHR, Amnesty International and Human Rights Watch. |
Mid-Jul 2026 | Express summons I am summoned barely 10 days before trial, on the same complainant’s new action, before the Multi-jurisdictional Judicial Unit of Samborondón. |
Jul 27, 2026 | First-instance ruling In a single session of 6 hours and 40 minutes — with observers denied entry — a judge who appeared the day of the hearing finds me responsible for a misdemeanor of non-slanderous insult (Art. 396 COIP): 30 days in prison and compulsory public apologies. Within hours, the digital harassment machinery reactivates against me. |
Jul 30, 2026 | The IACHR Rapporteurship speaks The Special Rapporteurship for Freedom of Expression of the IACHR — a recipient of my July 7 alert — publicly expresses concern over the conviction, recalling that the use of criminal mechanisms to punish public-interest expression violates Article 13 of the American Convention. The Inter-American System is now watching the case. |
Aug 4, 2026 | Request for precautionary measures before the IACHR My defense, led by Dr. Juan Vizueta together with the Permanent Committee for the Defense of Human Rights (CDH), files a request for precautionary measures before the Inter-American Commission on Human Rights. The core request: that the Ecuadorian State refrain from enforcing the 30-day prison term and the compelled public apologies ; that it adopt protective measures for me and for a member of my family — the one named in the veiled threat that appears in the court record without any authority having acted on it; and that it guarantee I can continue my work free from intimidation and criminalization. |
Aug 13, 2026 | Apple mercenary spyware notification On August 13, 2026 I received a threat notification from Apple warning of a mercenary spyware attack targeting the iPhone associated with my account. I verified its authenticity through my Apple account page. The notification states that the attack is likely directed at me specifically because of who I am or what I do, and describes this class of tools as exceptionally rare, costing millions of dollars, and deployed individually against a very small number of selected people. Apple does not attribute these notifications to any specific actor or region, and neither do I: I am placing the documented fact and its date on record. Whether my information was actually accessed is a matter for the forensic analysis currently being conducted by specialized international organizations, and for the examination requested from the Attorney General’s Office. As a security measure, and with specialized technical support, I closed active sessions and changed my credentials. Between that night and August 14 I had no access to my account on X, @EnVozAlta. Access has been restored. No message was posted from the account during that interval. |
Aug 14, 2026 | The written ruling arrives Eighteen days after the oral conviction, I am served with the written text of the ruling. Only then do the deadlines to challenge it begin to run. |
Aug 17, 2026 | Criminal complaint for unlawful interception of data Represented by Dr. Pablo Encalada Hidalgo, I file a complaint before the Attorney General’s Office for the alleged offense of unlawful interception of data (Art. 230.1 of the COIP), against an unidentified perpetrator. The complaint asks that the investigation be assigned to the National Cybercrime Unit; that digital evidence, which degrades within days, be urgently preserved; that a forensic examination of the device be carried out; that it be certified whether any judicial order ever authorized surveillance of me; and that public procurement of surveillance technology over the past five years be audited. I state expressly that I do not know the material outcome of the intrusion: that is precisely what the forensic examination must establish. |
Aug 19, 2026 | Motion for clarification My defense, led by Dr. Juan Vizueta Ronquillo, files a motion for clarification on two contradictions in the ruling. First: the ruling holds that conviction requires proving the intent and will to harm someone’s honor (¶ 138 and 139) and, four paragraphs later, states that such intent «shall be presumed» (¶ 143) — even though the ruling itself invokes the presumption of innocence, the burden of proof, and the beyond-reasonable-doubt standard (¶ 148 and 154). It asks the court to specify whether intent was proven or presumed. Second: the ruling invokes the testimony of former Constitutional Court judge Ramiro Ávila Santamaría to conclude that there was a «specific imputation» against the complainant, when the hearing record states exactly the opposite: that the expression identifies no one and is an opinion. It asks the court to indicate where in that testimony the conclusion is grounded. |
Now | The appeal With the motion for clarification filed, the deadline to appeal runs once the court resolves it. Meanwhile, the killing of Monika Silva remains without a single arrest. |
Case files registry
This is not the only case
The July 27 conviction is not an isolated event: it is the latest episode in a series of legal actions brought against me over my work as a communicator and activist — four criminal actions in six months, before courts and prosecutors in two different cities. Some remain active. Others were archived or rejected without succeeding. They all share the same pattern: using the courts as a tool of attrition. Here they are on record, one by one. The full story — when and why this persecution began, and how the four cases piled up — is told in my «Chronicle of a silencing operation», published on X (in Spanish).
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EXP-001
Criminal complaint for alleged tax fraud
Filed by a private individual with the Attorney General’s Office, based solely on social media posts and providing no evidence: not one false invoice, not one hidden account, not one undeclared income. It requests a raid on my home and the seizure of my devices. All of my income is invoiced, declared and taxed. Documented by Fundamedios in its public alerts.
ACTIVEMy chronicle upon learning of the criminal complaint against me, published on X (in Spanish).
Read the chronicle on X →My chronicle upon giving my statement before the Prosecutor’s Office in Quito, published on X (in Spanish).
Read the chronicle on X →Attorney General’s Office · Filed: Feb 2026 -
EXP-002
Slander complaint (Art. 182 COIP) — not admitted to proceedings
Filed in Quito by two private individuals linked to a warehouse raided in March 2026 by the Police anti-narcotics unit, where close to one million dollars in cash was found inside a safe — money a State minister publicly attributed to a «new miner» — over my posts about that operation. I was never summoned or notified: I discovered its existence on my own. The judge rejected the complaint for failing to meet the requirements of Art. 647 of the COIP — it did not set out the circumstantiated account of the offense, nor the place, nor the date — and ordered it archived.
«En la primera foto está el abogado Francisco Rosero, de Invictus, quien fue a obstruir el ingreso de los policías, y el abogado Jorge Luis Ortega?»
«In the first photo is the lawyer Francisco Rosero, of Invictus, who went to obstruct the officers’ entry, and the lawyer Jorge Luis Ortega?»
View original post on X →«Al parecer, recibieron una llamada anónima sobre la bodega. Y no sabían que estaba relacionada con Godoy (…) Esto parece un caso muy grande.»
«Apparently, they received an anonymous call about the warehouse. And they didn’t know it was connected to Godoy (…) This looks like a very big case.»
View original post on X →«MUCHO OJO: La Fiscalía habla de un operativo antinarcóticos. La policía explicó que les impidieron entrar más rápido para sacar «la mercancía». Que no nos cambien el relato con minería. Esa bodega es de los operadores del #NarcoCJ. Que no los protejan. La justicia tomada por las mafias no puede defendernos de las mafias.»
«WATCH CLOSELY: The Prosecutor’s Office speaks of an anti-narcotics operation. The police explained that they were kept from entering faster so ‘the merchandise’ could be removed. Don’t let them change the story to mining. That warehouse belongs to the operators of #NarcoCJ. Don’t let them be protected. A justice system captured by the mafias cannot defend us from the mafias.»
View original post on X →ARCHIVEDCase 17294-2026-00648 · Iñaquito Criminal Judicial Unit, Quito · Filed: May 13, 2026 · Not admitted and archived: Jun 29, 2026 -
EXP-003
Insult complaint — declared «not brought»
Filed by a private individual after the June 9 exchange on X. The court ordered him to complete it within five days under Art. 647.2 of the COIP; when he failed to do so, the complaint was declared «not brought» and archived due to the complainant’s own default.
ARCHIVEDCase 09333-2026-01017 · Multi-jurisdictional Judicial Unit of Samborondón · Archived: Jun 23, 2026 -
EXP-004
Misdemeanor of non-slanderous insult (Art. 396 COIP)
A new action by the same complainant as EXP-003, after his first complaint was archived. First-instance ruling delivered in a single day: 30 days in prison and compulsory public apologies. Under appeal.
SENTENCED – UNDER APPEALCase 09333-2026-01088 · Multi-jurisdictional Judicial Unit of Samborondón · Ruling: Jul 27, 2026
Every file in this registry corresponds to a real proceeding, identified by its case number in Ecuador’s Judiciary records. This registry is updated with every new action.
The digital machinery
The harassment doesn’t end in the courts
Alongside the judicial proceedings operates another form of pressure: coordinated harassment campaigns on social media. I don’t mean criticism — criticism is part of public debate and I accept it — but organized operations designed to intimidate and distort the public conversation.
This is not just my claim. An investigation by Diario Expreso, published in January 2026, documented campaigns by troll accounts attacking citizens critical of the president of the Judiciary Council, and identified me among the people targeted by those accounts, alongside judges, lawyers, former officials and local authorities. The investigation described coordinated, large-scale actions, including the spread of AI-generated images to link and discredit critics.
I have publicly denounced the threats I have received. On July 7, 2026, I filed a formal 22-page alert, with documentary evidence in chronological order, before the Inter-American Commission on Human Rights and its Special Rapporteurship for Freedom of Expression, the UN Special Rapporteur, the OHCHR, Amnesty International and Human Rights Watch. Fundamedios has independently documented the escalation in three successive public alerts. These are the patterns on record:
Pattern 01
Dozens or hundreds of accounts — many recently created, with no real history — replying to my posts in unison, with the same messages, at the same time.
Pattern 02
AI-generated images and montages designed to associate me with false narratives and discredit my work, spread simultaneously by networks of accounts.
Pattern 03
Intimidating messages that I have publicly denounced and reported to national and international human rights organizations.
Pattern 04
Senior officials who, from their positions, have publicly singled me out without proof — including an insinuation that my name would appear on seized devices, with no judicial process whatsoever — in acts documented by press freedom organizations.
Pattern 05
A radio interview in which I recounted the testimony Monika Silva entrusted to me was censored and never aired. The information could only be broadcast in a second interview, on another outlet.
Pattern 06
Digital harassment and judicial harassment feed each other: what begins as a social media campaign ends up as complaints before the courts. And within hours of every judicial action, the coordinated accounts reactivate to amplify it.
I preserve screenshots, records and backups of these campaigns as evidence. If you have been a target of the same machinery, write to me: documenting together is the best defense.
Note: the facts in this section correspond to complaints I have filed and made public, and to findings of published journalistic investigations. The determination of responsibility rests with the competent authorities, before whom this information has been placed.
Notice
13 August 2026
On 13 August 2026 I received an Apple threat notification warning of a mercenary spyware attack targeting the iPhone associated with my account. I verified its authenticity on my Apple Account page. Apple does not attribute these notifications to any specific actor or region, and neither do I: I record the documented fact and its date.
As a security measure, and with specialist technical support, I revoked active sessions and changed my credentials. Since that night I have had no access to my account on X, @EnVozAlta. The interruption is not my decision and is being handled with the platform. While it lasts, any post or message appearing from that account should not be attributed to me.
Press Coverage:
Diario Expreso, 13 de agosto de 2026 — Apple revela que Gabriela Panchana es la primera víctima de espionaje sofisticado en Ecuador, por Sara Ortiz.
The headline and characterisation are the outlet’s.
This site remains my verifiable channel of communication. Contact: contacto@gabypb.com
My position
A sentence will not silence me
“I reject this ruling as outrageous and contrary to the law.
I will fight it with every remedy the law affords me.”
This is not just about me. When a court answers an opinion with a prison sentence, every citizen receives the same message: think twice before you speak. That is called the chilling effect, and it is the quietest form of censorship: the kind that happens before anyone writes anything at all.
Inter-American freedom of expression standards are clear that speech on matters of public interest deserves the highest protection, and that criminal sanctions for such expression are disproportionate. The Inter-American Court has already found Ecuador responsible for criminally sanctioning public-interest expression (Palacio Urrutia v. Ecuador, 2021). And barely five weeks before my sentence, the UN Special Rapporteur urged the Ecuadorian State to cease the persecution and criminalization of defenders. My conviction — for an opinion within the public debate over a defender’s killing — is that very pattern, executed at record speed. My defense will assert that framework at every available instance.
I will keep writing, keep asking, and keep demanding answers. Out loud.
My full first-person account (in Spanish)
Coverage
What the press says

Front page of Diario Expreso, July 29, 2026: «Sentencia a Panchana abre vía a penalizar expresiones» — «Panchana ruling opens the door to criminalizing expression.» The case, as the lead headline of the national press. © Diario Expreso.
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CIVICUS Lens · 18 August 2026 · Global civil society allianceRead at lens.civicus.org →
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Corriere della Sera · Aug 16, 2026 · Italy · In ItalianRead at corriere.it →
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Diario Expreso · Aug 17, 2026 · In SpanishRead at expreso.ec →
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Diario Expreso, 13 August 2026 · In SpanishRead in expreso.ec →
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EFE · via Infobae · Jul 28, 2026 · International wire · In SpanishRead in infobae.com →
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GK · 29-jul-2026 · Reportaje explicativoRead in gk.city →
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Ecuavisa · Televistazo · 28-jul-2026 · VideoWatch in YouTube →
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Ecuavisa · Televistazo · 29-jul-2026 · VideoWatch in YouTube →
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Diario Expreso · 28-jul-2026Read in expreso.ec →
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Diario Expreso · 29-jul-2026Read in expreso.ec →
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Diario Expreso · 28-jul-2026Read in expreso.ec →
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Extra · 28-jul-2026Read in extra.ec →
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Extra · 28-jul-2026Read in extra.ec →
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Extra · 28-jul-2026Read in extra.ec →
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El Diario · 28-jul-2026Read in eldiario.ec →
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Diario La Hora · 27-jul-2026Read in lahora.com.ec →
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Diario Expreso · Investigación · ene-2026Read in expreso.ec →
Institutional statements
On August 15, 2026 Fundamedios issued its fourth alert on my situation since January 2026, this time over Apple’s mercenary spyware notification.
On July 30, 2026, the Special Rapporteurship for Freedom of Expression of the Inter-American Commission on Human Rights (RELE-IACHR) — one of the bodies before which I filed my international alert — issued a public statement on my conviction:
«#Ecuador RELE expresa preocupación por reportes sobre la condena penal del #27JUL a la periodista Gabriela Panchana, con 30 días de prisión y disculpas públicas por publicaciones de interés público. La periodista ha denunciado previamente actos de hostigamiento y acoso judicial.»
«#Ecuador 🇪🇨 RELE expresses concern over reports of the #27JUL criminal conviction of journalist Gabriela Panchana, with 30 days in prison and public apologies over public-interest posts. The journalist has previously denounced acts of harassment and judicial persecution.»
The Ecuadorian Association of National Broadcasting (AER) issued a statement on my case in its Circular #09 of July 29, 2026, addressed to the public under the title «No one should go to prison for an opinion.» Its conclusion: «in a democracy, opinions are answered with reasons, never with bars.»


AER Circular #09 · Guayaquil, July 29, 2026 · Signed by its president, Econ. Kléber Chica Zambrano · Document publicly released by the Association · In Spanish.
Videos on the case (in Spanish)
ReVELAciones with Fabricio Vela · Primera Plana ECU · Jul 29, 2026 · «Gabriela Panchana: 30 días de cárcel y una alerta sobre la libre expresión» — my in-depth interview on the case
Are you a journalist covering the case? Write to contacto@gabypb.com to add your coverage or arrange an interview. A full dossier — court records, notarized exhibits, witness testimony and international alerts — is available within hours.
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