A/HRC/4/40/Add.2 page 20 E. Situation of immigrants 94. The Working Group met various immigrants awaiting deportation who had no documentation or funds with which to return to their countries by their own means. At least 147 asylum-seekers or applicants for refugee status were detained in 2005. In accordance with article 9 of the Migration Act, convicted foreigners must be detained with a view to their deportation once their sentences are served, even if a release order has been issued in the criminal procedure. In addition, foreigners who are stateless, who cannot prove their identity or nationality or who do not have the funds to return to their countries of origin once their status becomes illegal may be held in detention for up to three years. After the three years in detention, they are permitted to remain in the country on a temporary basis. 95. Article 30 of the Migration Act establishes that the deportation order is not subject to any judicial or administrative appeal or review. The Constitutional Court has ruled that this provision is unconstitutional, but the Supreme Court has deemed that the Constitutional Court was not competent to issue such a ruling. This has exacerbated the situation of immigrants who do not have the funds with which to return to their countries and who are subject to a deportation order. V. CONCLUSIONS AND RECOMMENDATIONS A. Conclusions 96. The Working Group expresses its thanks to the Government of Ecuador for the invitation that it extended to visit the country and for its openness, transparency and cooperation before, during and after the visit. 97. The Working Group emphasizes the efforts made since the adoption of the Constitution to incorporate the principles and norms of international human rights instruments in domestic law. It observes, however, that there is a discrepancy between the principles and norms contained in the Constitution and certain laws and the actual situation and current practices. It has noted reversals, such as the establishment in 2003 of detención en firme, the adoption of more severe sentences for minor offences and the use of detention in situations where alternative measures would be appropriate. The Working Group welcomes the fact that the crisis in the judiciary has been resolved and that the Supreme Court, the Constitutional Court, the Supreme Electoral Court, the Council of the Judiciary, the Public Prosecutor’s Office and the Office of the Ombudsman are once again functioning normally. 98. The absence of a genuine administration in the judiciary, the lack of funds and the general perception of a lack of independence, of politicization and of corruption in the judiciary, the police and the prison system have had a real impact on the enjoyment of human rights, mainly affecting the most destitute people, who account for the large majority of the prison population. The conditions of detention in police cells, at pretrial detention centres and at social rehabilitation centres are deplorable and impair the rights of detainees to ensure their defence and to receive a trial with guarantees of due process. The prisons are overcrowded to 170 per cent of their capacity. The Working Group noted serious shortcomings in the provision of food, clothing, education services and medical assistance at the detention centres that it visited.