CAT/C/ECU/CO/7
Inspection and complaint mechanisms
33.
While noting the statement by the State party’s delegation that the members of the
national preventive mechanism have unfettered access to places of detention, the
Committee remains concerned at reports that they have been denied entry to several prison
facilities. The Committee is further concerned that places of detention in the State party still
have not made an internal mechanism available to receive complaints from persons
deprived of their liberty (arts. 2, 11-13 and 16).
34.
The State party should ensure that all places of detention are subject to regular
independent inspections and that access to them by members of the national
preventive mechanism and human rights NGOs is facilitated through formal
accreditation procedures. The State party should also guarantee the right of persons
deprived of their liberty to lodge complaints with the competent authorities and
should carry out regular evaluations of the effectiveness of the complaints
mechanisms made available to such persons.
Investigations into allegations of torture and ill-treatment
35.
According to the information provided by the State party, between 2010 and early
2016, 170 complaints of torture — 59 of them relating to incidents in the province of
Guayas — were submitted to the Attorney General’s Office. However, the State party has
supplied no data corresponding to the period from March to December 2014. Likewise,
between 2013 and 2016, five convictions for crimes of torture were reportedly handed
down, but no information has been provided on the penal or disciplinary sanctions imposed
on the perpetrators (arts. 2, 12, 13 and 16).
36.
The Committee urges the State party to:
(a)
Ensure that all allegations of torture or ill-treatment are investigated
promptly and impartially by an independent mechanism and that there is no
institutional or hierarchical relationship between the investigators and the suspected
perpetrators;
(b) Ensure that the suspected perpetrators are duly tried and, if found guilty,
are punished in a manner that is commensurate with the seriousness of their acts;
(c)
Ensure that the authorities launch investigations ex officio whenever
there are reasonable grounds to believe that an act of torture or ill-treatment has been
committed;
(d)
Ensure that alleged perpetrators of torture and ill-treatment are
immediately suspended from duty for the duration of the investigation, particularly
when there is a risk that they might otherwise be in a position to repeat the alleged act,
take reprisals against the alleged victim or obstruct the investigation; and
(e)
Provide the Committee with comprehensive statistical data on the
number of complaints of torture and ill-treatment registered during the period under
review.
Victim and witness protection
37.
While recognizing the efforts made by the State party to address the serious
deficiencies in the victim and witness protection scheme identified by the Special
Rapporteur on extrajudicial, summary or arbitrary executions (see A/HRC/17/28/Add.2,
paras. 78-82 and 96-98), the Committee remains concerned that no information has been
provided on measures taken by the State party to provide protection to members of the
national network of forensic experts following the murder in 2010 of Germán Antonio
GE.17-00413
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