CAT/C/ECU/CO/7 Definition and classification of the offence of torture 11. Although it takes note of the explanations given by the State party’s delegation, the Committee considers the definition of the offence of torture set forth in article 151 of the Comprehensive Organic Criminal Code to be incomplete, inasmuch as it fails to mention the purposes for which the act in question is committed, contrary to what is prescribed by the Convention. Moreover, the main body of the definition does not include specifications relating to the perpetrator, namely, reference to the act being committed by, at the instigation of, or with the consent or acquiescence of a public official or other person acting in an official capacity (art. 1). 12. The State party should bring the content of article 151 of the Comprehensive Organic Criminal Code into line with article 1 of the Convention by identifying the perpetrator and the motivating factors or reasons for the use of torture. The Committee draws the attention of the State party to paragraph 9 of its general comment No. 2 (2007) on the implementation of article 2 by States parties, in which it notes that serious discrepancies between the Convention’s definition and that incorporated into domestic law create actual or potential loopholes for impunity. In its general comment, the Committee also recognizes that broader domestic definitions advance the object and purpose of the Convention so long as they contain and are applied in accordance with the standards of the Convention, at a minimum. Fundamental legal safeguards 13. Taking into account the fundamental safeguards applicable under Ecuadorian legislation to persons deprived of their liberty, the Committee regrets that the State party has provided limited information on the measures and procedures in place to ensure the effective application of those provisions, in particular the right to immediately inform a relative or a freely designated third party of one’s arrest. The Committee also expresses its concern at information pointing to shortcomings in the system of assigning cases to the Public Defender Service and the impact that this has on the legal advice given by public defenders and legal professionals (art. 2). 14. The State party should ensure that persons deprived of their liberty are afforded, in practice, all basic legal safeguards from the moment of arrest, including their right to seek the assistance of a lawyer without delay and their right to immediately inform another person of their detention. National preventive mechanism 15. Notwithstanding the explanations provided by the delegation, the Committee remains concerned about the weak legislative framework and the limited resources available to the national mechanism for the prevention of torture. The Committee also notes the absence of any sustained dialogue between the national preventive mechanism and the relevant governmental bodies — in particular the Ministry of Justice, Human Rights and Religious Affairs — that would allow for the implementation of recommendations emerging from oversight activities (art. 2). 16. The State party should take the necessary legislative and other measures to ensure that the national mechanism for the prevention of torture has a solid legal basis and adequate resources to discharge its mandate effectively and independently, as set forth in the provisions of the Optional Protocol to the Convention. To that end the Committee urges the State party to adopt the bill on the Ombudsman’s Office, including a specific section on the national mechanism for the prevention of torture. The Committee also urges the State party to establish a sustained dialogue with the national preventive mechanism that will make it possible to effectively act on and GE.17-00413 3