application or recourse to the competent national authorities. 2.4 After it had been ascertained that Mr. Canón spoke and understood English, the so-called “Miranda rights” (after a landmark decision of the United States Supreme Court requiring criminal suspects to be informed of their right to remain silent, to obtain the assistance of a lawyer during interrogation, and that statements made by them may not be used against them in court) were read out to him, and he was informed that he was detained by order of the United States Government. The author asked for permission to consult with a lawyer or to speak with the Colombian Consul at Guayaquil, but his request allegedly was turned down; instead, he was immediately made to board a plane bound for the United States. Notwithstanding the foregoing, since it is the basic policy of the Ecuadorian Government to monitor the application of and respect for human rights, especially by the law enforcement authorities, a thorough and meticulous investigation of the act has been conducted which has led to the conclusion that there were indeed administrative and procedural irregularities in the expulsion of the Colombian citizen, a fact which the Government deplores and has undertaken to investigate in order to punish the persons responsible for this situation and to prevent the recurrence of similar cases in the country. 2.5 As to the requirement of exhaustion of domestic remedies, the author indicates that he was unable to bring his case before an Ecuadorian judge so as to be able to determine the legality of his expulsion from the country. He further indicates that any recourse to the Ecuadorian courts in his current situation would not be effective; in this context, he notes that he does not have the financial means to seize the Ecuadorian courts, nor the benefit of legal assistance in Ecuador, which would enable him to start civil action and/or to seek criminal prosecution of those responsible for his alleged ill-treatment. Moreover, it should be pointed out that, in compliance with clear legal provisions emanating from international agreements and national legislation, Ecuador is conducting a sustained and resolute struggle against drug trafficking which, on this occasion, regrettably caused police officers to act with a degree of severity that went beyond their instructions and responsibilities. In any event, acts such as this are certainly not consistent with the Government’s policies and actions which are in fact directed towards assuring respect and observance of the human rights and fundamental freedoms of the individual, whether he is a national or a foreigner, while at the same time, ensuring public order and, in this specific case, meeting the Government’s concern to maintain such an especially valuable asset as social peace and its obligation to combat drug trafficking with every legal means available to it in order to avoid situations which would be regrettable and which are occurring in a number of countries in the region and adjoining Ecuador. The complaint 3. The author submits that the facts described above constitute a violation of articles 2, 5, paragraph 2, 7, 9, paragraph 1, 13 and 17 of the International Covenant on Civil and Political Rights. In particular, he contends that, in the light of the existence of a valid extradition treaty between the State party and the United States at the time of his apprehension, he should have been afforded the procedural safeguards provided for in said treaty. The State party’s information and observations 4.1 The State party did not make any submission prior to the adoption of the Committee’s decision declaring the communication admissible. On 11 July 1991, it informed the Committee as follows: The Government will communicate the relevant information on the measures taken to punish the persons responsible for this act.” “The act in question occurred on 22 July 1987, before the present administration took office. Furthermore, the citizen in question has not submitted any kind of 4.2 The Committee welcomes the frank cooperation of the State party. 91

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