A/HRC/4/40/Add.2 page 8 the Judiciary. The Public Prosecutor’s Office is administratively and financially autonomous. It directs and promotes criminal pretrial and trial investigations, brings charges against the alleged perpetrators before the competent judges and courts, and sets out the charges underpinning the criminal case. It is among the Attorney-General’s duties to ensure the protection of victims and witnesses and other participants in the criminal trial and to make sure that the sentence and social rehabilitation of the offender are applied and function properly. 22. Prosecutors have 90 days to carry out their investigations. They have broad discretionary powers. They may receive complaints, testimony and evidence; open investigations; draw up indictments; file and withdraw charges; choose whether to oppose requests for bail; and lodge appeals. Under article 216 of the Code of Criminal Procedure, they may delegate any of these functions to the Judicial Police, including the collection of evidence or testimony, but never the taking of suspects’ or defendants’ statements. The initiation of criminal investigations or procedures too may never be delegated. Judicial Police 23. The Judicial Police consist of specialized officers of the National Police, who have to work under the authority of the State Attorney-General. Their main functions are to investigate crimes, working under the authority of the prosecutors, and to collect incriminating evidence. They are also responsible for enforcing decisions handed down by judges and courts, in particular arrest warrants. Ombudsman 24. The Ombudsman is elected by a two-thirds majority of the National Congress, for a five-year term. Under article 96 of the Constitution, the Ombudsman’s duties include initiating or sponsoring habeas corpus and amparo actions; defending the observance of the fundamental rights guaranteed by the Constitution; and monitoring the quality of public services. The Office of the Ombudsman is an autonomous institution, with national jurisdiction, which is also responsible for providing assistance to the victims of human rights violations, visiting detention centres and filing unconstitutionality suits with the Constitutional Court. Office of the Public Defender 25. Article 24.10 of the Constitution stipulates that the State shall establish public defenders to assist indigenous communities, workers, women and minors who are abandoned or victims of domestic violence or sexual abuse, and any person lacking financial means. The number of lawyers working for the Office of the Public Defender is very low: 32 for the entire country; 4 in the capital and 4 in Guayaquil. By comparison, there are 323 public prosecutors. The National Congress is considering the establishment of a strong and independent legal aid institution, although certain existing institutions claim that they should provide that service. 26. Both the bar associations and the university faculties of law provide sponsored legal aid to people who cannot afford a private defence lawyer.