perpetrated on 7 March 1986 against the Banco de Pichincha and the Caja de Credito Agricola of Sangolqui. He denies any involvement in the offence. a group of armed men belonging to the terrorist movement “Alfaro vive”, robbed the bank of Pichincha and the Caja de Credito Agricola of Sangolqui. 2.4 On 27 January 1987 the Tribunal Segundo Penal de Pichincha convicted and sentenced him to one year of imprisonment. Although this term was fully served on 7 March 1987 and the Tribunal ordered his release on 9 March 1987, he was not released but instead re-indicted, allegedly on the same facts and for the same offence. 4.2 According to the police report, eight persons were involved in the hold-up of the two banks, escaping in a pick-up truck, of which the author was said to be the driver. A police car which followed them was able to arrest three of them after a shoot-out. The remaining five were apprehended later. The report does not specify when or where Mr. Terán Jijón was apprehended. 2.5 With regard to the issue of exhaustion of domestic remedies, Mrs. Terán Jijón states that she instituted an action for amparo, appealed to the Tribunal de Garantias Constitucionales and to the National Congress. On 18 March 1988, her son was released, pending the adjudication of other criminal proceedings, involving charges of illegal possession of fire arms. On 22 August 1989, the Fourth Chamber of the Superior Court declared the charges null and void; it found that the re-indictment of the author in January 1987 violated article 160 of the Code of Criminal Procedure, according to which no one shall be tried or convicted more than once for the same offence. 4.3 The State party denies that Mr. Terán Jijón was at any time subjected to ill-treatment in detention. It further contends that the judicial proceedings against the author were at all times conducted in conformity with the procedures established under Ecuadorian law. 4.4 With respect to the second indictment against Mr. Terán Jijón, the State party explains that it was not based on the charge of bank robbery, but rather on the charge of illegal possession of fire arms. Issues and proceedings before the Committee 5.1 During its 39th session, the Committee considered the admissibility of the communication and noted that the State party, while addressing issues of merit, had not shown whether any investigation with regard to the allegations of torture had taken place or was in progress, nor contended that effective domestic remedies remained open to the author. In the circumstances, the Committee concluded that the requirements of article 5, paragraph 2(b), of the Optional Protocol had been met. 3. It is claimed that Juan Terán Jijón is a victim of violations by Ecuador of article 7 of the Covenant, because he was subjected to torture and ill-treatment following his arrest, partly in order to extract a confession from him and in order to force him to sign blank sheets of paper, about whose subsequent use he was kept in the dark: the author adds that he was denied access to counsel. It is further claimed that he was a victim of a violation of article 9, paragraph 1, because he was subjected to arbitrary arrest and detention, since he allegedly was not involved in the bank robbery: in this context, it is submitted that the police report incriminating him was manipulated by the Ministry responsible for the police (Ministerio de Gobierno y Policia). The author further alleges a violation of article 9, paragraph 3, because he was not brought promptly before a judge. The fact of having been re-indicted for the same facts and the same offence is said to amount to a violation of the principle ne bis in idem. 5.2 The Committee further noted that the facts as submitted appeared to raise issues under provisions of the Covenant which had not specifically been invoked by the authors. It reiterated that whereas authors must invoke the substantive rights contained in the Covenant, they are not required, for purposes of the Optional Protocol, necessarily to do so by reference to specific articles of the Covenant. So as to assist the State party in preparing its submission under article 4, paragraph 2, of the Optional Protocol, the Committee suggested that the State party should address the allegations (a) under article 10 of the Covenant, that Juan Terán Jijón was subjected to ill-treatment during detention, (b) under article 14, paragraph 3(b), The State party’s information and observations: 4.1 The State party contends that on 7 March 1986 Juan Terán Jijón, together with 77