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Part II: Challenges and opportunities
by the penitentiary population and among them, clinical psychologists represent a very limited group. This has made it
very difficult to obtain a unification of diagnostics criteria and
adequate attention to prisoners in practice.
Another problem that influences the work of psychologists
in the penitentiary system is the dual role accorded to them
by law, where they both have to offer psychological attention
to prisoners and form part of a committee that imposes sanctions for disciplinary mistakes by prisoners. This might lead to
a general lack of trust in the independence of these psychologists.
Despite the widespread practice of torture, a culture of impunity still prevails in Ecuador. Even though 1,400 torture complaints were filed between 1980 and 2006 none have resulted
in a sentence. In some cases, the state did initiate legal action
but generally allegations of torture and ill-treatment are not
investigated, legal proceedings are not initiated and most accusations continue pending in national courts. Cases brought
before regional or international bodies are usually resolved
through friendly settlement. The recommendations and judgments of most of these cases stipulate that Ecuador should investigate allegations of torture, punish those responsible, and
provide reparations to victims. However, this is made difficult
for a number of reasons. There is a general lack of independent medical experts accredited to appear before courts. Most
experts are drawn from the medical-forensic and criminology
departments, which are structurally placed under the national
police and can therefore hardly be considered independent.
At the same time, the victims and their families do not have
sufficient economical resources to hire independent experts.
Another element that has to be taken into consideration is that
within the penal proceeding, the judge can evaluate expert
evidence based on the principle of sana critica (sound judgement) of the judge.
Regarding the documentation of psychological torture
there is a significant lack of capacity to identify this type of
violation. Psychological documentation is normally not accepted as evidence in court and psychological torture is not
prohibited in the penal code, only in the constitution. Due to
the principle of legality, the constitution cannot be applied di-
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