on death row and the anguish and mounting tension of
living in the ever-present shadow of death.”
on death row, even if partially due to the failure of the
condemned prisoner to exercise a remedy, cannot
exonerate the State party from its obligations under
article 7 of the Covenant.
Consequently, my opinion is that, in this
type of case, the elements involved in determine g the
time factor cannot be assessed in the same way if they
are attributable to the State party as if they can be
ascribed to the condemned person. A very long period
_______________
Communication No. 277/1988
Submitted by: Marieta Terán Jijón joined by her son Juan Terán Jijón
Date of communication: 21 January 1988
Alleged victim: Juan Terán Jijón
State party: Ecuador
Date of adoption of Views: 26 March 1992
(forty-fourth session)*
Subject matter: Ill-treatment of detainee
the communication on behalf of her son
Juan Fernando Terán Jijón, an Ecuadorian citizen
born in 1966, at the time of submission of the
communication (21 January 1988) detained at the
Penal Garcia Moreno in Quito, Ecuador.
Procedural issues: Notion of victim—State
party’s failure to make a submission on the
merits—State party’s duty to investigate—Nonexhaustion of domestic remedies
Substantive issues: Right not to be tortured or
subjected to cruel, inhuman or degrading
treatment or punishment—Right not to be
arbitrarily arrested or detained—Right to be
promptly brought before a judge—Right not to be
compelled to testify against oneself or to confess
guilt—Ne bis in idem
Facts as presented by the authors:
2.1
After two years of detention, Juan
Fernando Terán Jijón was released; he left
Ecuador in August 1988 and currently resides in
Mexico, where he pursues university studies.
After his release, Mr. Terán Jijón confirmed the
exactitude of his mother’s submissions and
joined the communication as co-author,
expressing the wish that the Committee proceed
with the examination of the case.
Articles of the Covenant: 7, 9(1) and (3), 10(1)
and 14(3)(g) and (7)
Articles of the Optional Protocol: 1, 4(2) and
5(2)(b)
2.2
Juan Fernando Terán Jijón was arrested
on 7 March 1986 in Quito by members of an
anti-subversive police unit known as Escuadron
Volante; according to the author, he was about to
visit a relative. He claims to have been kept
incommunicado for five days, shackled and
blindfolded, subjected to physical and mental
torture, and forced to sign more than ten blank
sheets of paper. He was then transferred to the
Garcia Moreno prison. The report of a medical
examination carried out in the infirmary of the
prison on 13 March 1986 records haematomas
and skin lesions all over his body.
Rules of procedure: Rules 85(1) and 94(3)
Individual opinion:
Mr. Bertil Wennegren
Partly
dissenting
by
1.
The author of the communication is
Marieta Terán Jijón, an Ecuadorian citizen born
in 1929, residing in Quito, Ecuador. She submits
*
Pursuant to rule 84, paragraph 1, of the Committee’s
rules of procedure, Mr. Julio Prado Vallejo did not
take part in the examination of the communication or
in the adoption of the Committee’s Views.
2.3
The author was charged with
participation in the crime of bank robbery,
76
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