CAT/C/ECU/CO/7
Ramírez Herrera, a forensic expert specializing in the investigation of torture cases. The
Committee has also not received up-to-date information on the criminal proceedings arising
from the investigation launched into that case by the Attorney General’s Office (art. 13).
38.
The State party should continue to strengthen the capacity of the National
Victim and Witness Protection Programme in order to ensure that victims and
witnesses of acts of torture, including forensic experts, are effectively protected and
supported. The Committee urges the State party to report on the outcome of the
investigation into the murder of the forensic doctor Germán Antonio Ramírez
Herrera and on the related criminal proceedings, if any.
Excessive use of force against demonstrators
39.
The Committee expresses its concern at the numerous allegations of excessive use of
force and arbitrary arrest of demonstrators and bystanders during the demonstrations that
took place in 2015. The Committee regrets that the State party has not provided detailed
information on the investigations conducted into such allegations or on the number of
criminal proceedings brought against demonstrators accused of crimes of terrorism and
sabotage (arts. 2, 12, 13 and 16).
40.
The State party should ensure that all complaints regarding the excessive use of
force and arbitrary detention by law enforcement officers or military personnel are
investigated in a prompt, effective and impartial manner. It should also ensure that
persons suspected of committing such acts are brought to trial and, if found guilty, are
punished in a manner commensurate with the gravity of their acts. The State party
should also ensure that victims receive adequate reparation. In addition, the State
party should sufficiently train all members of its security forces in the proper use of
force and should establish rules on the use of firearms by its security forces that are
consistent with the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials (1990).
Redress and rehabilitation
41.
Taking into account the efforts made by the State party in terms of providing redress
and compensation to victims of human rights violations documented by the Truth
Commission, the Committee notes with concern that, to date, only 10 agreements have been
signed concerning compensation amounts and in only one case has a victim been awarded
financial compensation under the terms of the Victims Redress Act. Furthermore, the
Committee regrets the paucity of information provided on redress and compensation
measures ordered by the courts or other State bodies during the reporting period in other
cases of torture or ill-treatment (art. 14).
42.
The Committee draws the attention of the State party to its general comment
No. 3 (2012) on the implementation of article 14 by States parties, which describes in
detail the nature and scope of States parties’ obligation to provide full redress and the
means for full rehabilitation to victims of torture. In particular, the Committee urges
the State party to:
(a)
Expedite procedures in the Ministry of Justice, Human Rights and
Religious Affairs and the Ombudsman’s Office to grant compensation under the
provisions of the Victims Redress Act;
(b)
Provide all victims of torture or ill-treatment with full redress for the
harm they have suffered, which should include fair and adequate compensation and
the fullest possible rehabilitation;
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