Challenges to documentation of torture in Ecuador 41 Challenges to documentation of torture in Ecuador Even though Ecuador has prohibited torture in its constitution, torture persists as a deep-rooted practice. It is commonly used as an investigation method by the police, and as a form of punishment and control in penitentiary centres. The victims are usually vulnerable persons who lack the resources to bring complaints before the Ecuadorean penal system. Furthermore, a number of specific deficiencies in the prison and legal systems are making it very difficult to prosecute torture cases. Conditions in prisons and detention centres are generally poor. Pre-trial detainees are held with convicted prisoners, leading to overcrowding and other harsh prison conditions. From a total of 14,000 incarcerated persons, there are between 5,000 and 7,000 detainees waiting to receive a sentence. An investigation carried out in 1998 by Fundación PRIVA based on interviews with 2,405 prisoners in 12 prisons (28.3% of the total prison population) concluded that 70% of the detainees had been subjected to torture, 45% did not have access to a lawyer and 65.2% were held in pre-trial detention. Many persons are held in pre-trial detention for more than a year without having their case tried. In 2001-2003, Fundación PRIVA carried out a similar investigation, which revealed that 40% of the detainees had been tortured (38% physical torture and 42% psychological torture). The main reasons for this apparent improvement were identified as being: a change of the penal code, better knowledge of constitutional rights among detainees, state awareness of external monitoring and medical examinations carried out upon arrival in prisons. There is a worrying discrepancy between the number of detainees on one side and the number of public prosecutors and medical doctors on the other – there are 55 medical doctors attending all prisoners in the country. This leads to inadequate medical care and a general lack of medical and legal monitoring of prisoners. The number of psychologists is also reduced; at the moment there are 51 psychologists to attend all lawsuits By Fundación PRIVA Fundación PRIVA (Foundation for Integral Rehabilitation of Victims of Violence) was established in Ecuador in 1996 to provide integral rehabilitation treatment for torture victims, especially those in conflict with the law, and their families.