A/HRC/4/40/Add.2 page 13 Administrative detention of immigrants and asylum-seekers 54. The legislation on foreigners establishes no detention penalties for illegal aliens, aliens who enter without a visa or whose visas expire, or those found to be working while staying under a tourist visa. Such aliens are, however, subject to administrative detention while their identity or nationality is verified and while they await deportation. 55. Aliens awaiting deportation are generally held in the facilities of the Migration Service of the National Police, under the Ministry of Internal Affairs. Chapter 5 of the 1971 Migration Act establishes the administrative deportation procedure, which is based on a hearing held before the provincial Police Commissioner. The hearing must be held within 24 hours of the arrest of an illegal alien. The deportation order must be executed immediately by officers of the Migration Service of the National Police. If for any reason the deportation order cannot be executed, the alien is subject to internment at a penitentiary, for a maximum of three years. Once that time has lapsed, the alien’s situation must be regularized. III. POSITIVE ASPECTS A. Efforts made to resolve the serious crisis in the judiciary that resulted from the dismissal of judges 56. The Working Group must underscore the efforts made by the Government to resolve the serious crisis that took place between November 2004 and April 2005 in the judiciary, resulting from the dismissal of the members of the Supreme Court, the Constitutional Court and the Supreme Electoral Court. It was possible, through a transparent process employing a merit-based competition, to appoint new members of the Supreme Court. The Constitutional Court, the Supreme Electoral Court and the Council of the Judiciary too have been restored and are in operation. The Working Group expects the Council of the Judiciary to proceed with the appointment of properly qualified and independent judges at all levels, without regard to any factors other than their personal capabilities. B. Concern for ensuring international standards for the protection of human rights 57. The Working Group is aware of the difficulties encountered by Ecuador, and their consequences for the enjoyment of human rights. It is thus appropriate to emphasize the efforts made since 1997 to incorporate international human rights principles and standards in domestic law. These efforts are most evident in the Constitution, the national human rights plan and the laws governing the criminal justice system. Some of the domestic provisions even go beyond the requirements of international instruments. 58. The Working Group was able to witness an example of observance of the Constitution and criminal trial standards during its visit to Cuenca, the capital of Azuay province. Judges, prosecutors, representatives of the Office of the Ombudsman and prison wardens, including the director of the men’s social rehabilitation centre, appear to be carrying out their work with full observance of the Constitution and the deadlines set by the legislation governing trials.