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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