CAT/C/ECU/CO/7
implement the recommendations emerging from the mechanism’s oversight activities.
The State party should publish and widely disseminate the annual reports of the
national preventive mechanism, in accordance with the Guidelines on national
preventive mechanisms issued by the Subcommittee on Prevention of Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/12/5,
para. 9). Lastly, the Committee urges the State party to authorize the publication of
the report on the Subcommittee’s visit that was carried out from 1 to 4 September
2014 for the purpose of providing advisory assistance to the national preventive
mechanism of Ecuador.
Independence of the judiciary
17.
Despite the extensive explanations on judicial reform provided by the State party’s
delegation, the Committee remains concerned about reports of political interference in
judicial decisions and the application of disciplinary measures against judges who issue
rulings that are contrary to the interests of the Government, as well as the questionable
dismissal of hundreds of judges, and the appointment of officials close to the executive
branch as judges of the National Court of Justice and the Constitutional Court and as
members of the Council of the Judiciary (art. 2).
18.
The State party should guarantee the full independence and impartiality of the
judiciary in the performance of its functions. It should also ensure that the judicial
disciplinary regime and the system for appointment, promotion and dismissal of
judges are applied in accordance with the provisions of the relevant international
standards, including the Basic Principles on the Independence of the Judiciary.
Indigenous justice
19.
The Committee is concerned that, in spite of the indications made in its previous
concluding observations (see CAT/C/ECU/CO/4-6, para. 20), the bill on coordination and
cooperation between the indigenous and ordinary justice systems is still awaiting adoption
by the National Assembly (art. 2).
20.
The Committee encourages the State party to take the legislative measures
needed to establish mechanisms of coordination and cooperation between the
indigenous and ordinary justice systems, as prescribed by article 171 in fine of the
Constitution of Ecuador, in order to guarantee fundamental rights and freedoms,
including the prohibition of torture and other cruel, inhuman or degrading treatment
or punishment.
Refugees and non-refoulement
21.
While noting the explanations given by the delegation, the Committee remains
concerned at reports that the State party might have engaged in practices contrary to the
principle of non-refoulement, especially at airport border posts. The Committee also
expresses its concern at the content of article 34 of the Regulations on Recognition of the
Right to Asylum in Ecuador (Decree No. 1182), which permits exceptions to the principle
of non-refoulement in respect of asylum seekers who are considered to represent a risk to
security or public order or who are deemed to constitute a threat because they have been
convicted of a particularly serious crime. In this regard, the Committee recalls that article 3
of the Convention affords absolute protection to anyone in the territory of a State party,
regardless of the person’s character or the danger that he or she may pose to society (see
communications No. 475/2011, Nasirov v. Kazakhstan, para. 10.4 and No. 444/2010,
Abdussamatov v. Kazakhstan, para. 13.7). Furthermore, the Committee finds it regrettable
that it has not received up-to-date information on the situation relating to the State party’s
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