A/HRC/4/40/Add.2
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provincial or cantonal prisons. Those sentenced to reclusión, be it reclusión mayor or menor,
must be sent to social rehabilitation centres, which exist in practically all provinces. Minors
must be held at youth guidance centres, such as the Virgilio Guerrero Youth Guidance Centre
in Quito.
48.
Sentences for minor offences, which range from fines of 2-28 United States dollars to
prison terms of one-seven days, are supposed to be served at parish and cantonal prisons, or in
their absence, at provincial prisons (article 609 of the Criminal Code). In practice, they are
served at police stations. Minors over 7 years of age who are guilty of offences must
immediately be transferred to the Prosecutor for Juvenile Offenders. People who are unable to
pay fines, those responsible for traffic accidents and undocumented foreigners too are held in
police cells.
49.
At the time of the Working Group’s visit, the total number of persons deprived of their
liberty in Ecuador was 12,693. In October 2005, it had been 10,721 (of whom 6,831 were in
pretrial detention or detención en firme and 3,890 were serving sentences). Time spent in
pretrial detention or detención en firme is usually counted toward the total duration of the
sentence.
50.
During the visit, the Working Group noted that some high-security cell blocks had been
placed under the supervision of the Judicial Police. The Judicial Police’s Narcotics Squad also
supervises detention centres holding persons accused of offences related to drug trafficking.
Detention of minors
51.
In 1990, Ecuador was the first Latin American country to ratify the Convention on the
Rights of the Child. Following a drafting process and consultations in which over 18,000 people
took part, the new Children’s and Youth Code entered into force on 3 July 2003. The Code
establishes that minors of 12 years and under who have committed a criminal offence are not to
be put on trial, and that protection measures should be applied to them. Teenagers are subject to
social and educational measures, and are only to be incarcerated in extreme cases. The Code
also establishes a juvenile justice system in the judiciary, centred upon the office of the juvenile
judge.
52.
Once a teenager is arrested, the police must immediately inform the Prosecutor for
Juvenile Offenders of the detention. If the Prosecutor so requires, the competent judge may
order the minor’s detention for 24 hours. Such detention may be extended to ensure that the
minor appears at the preliminary hearing. Lastly, pretrial detention may be ordered for a
maximum of 90 days in order to ensure that the minor appears at the trial. Once that time has
lapsed, the warden of the detention facility must immediately release the minor, without waiting
for a new order from the judge, under pain of dismissal. The minor must await the verdict while
living at home, except in cases where the family is unable to provide accommodation or where
there are situations of domestic violence.
53.
The maximum time that a minor may spend serving a sentence is four years. If the minor
turns 18 during that time, the sentence is served out at the juvenile detention centre. Under no
circumstances may a minor be detained with adults.
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