I
cases of disappearance and torture and that the Ecuadorian authorities should
continue to cooperate fully with the competent United Nations human rights
bodies.
62. The international commission's report had also shown that in the Criminal
Investigation Service (SIC), torture, arbitrary arrests and the use of cruel,
inhuman and degrading treatment had been routine practices. On
2 September 1991, the President had adopted a number of measures which
included the abolition of the SIC and the allocation of important financial
resources to the Judi.cial Police for equipment, recruitment and training
purposes. Under Decree No. 2694, the mandate of the international commission
had been broadened so that it could hear complaints and receive information
concerning human rights cases. Since September 1991, the Commission had
received 31 complaints, of which three related to accusations of torture. The
Government had also established the Office of Under-Secretary for Justice,
whose task was to ensure that complaints of human rights abuses and
constitutional guarantees were taken into account.
63 .. Additionally, agreements had been concluded with non-governmental
organizations such as the Ecuadorian Red Cross and the Latin American
Association for Human Rights providing for monitoring the procedures followed
in criminal investigation centres by groups of exper.ts with a view to
safeguarding the physical and mental condition of persons under investigation;
provi.sions had been made to ensure that individuals had access to an ombudsman
paid by the State; and the investigatory commissioners from the Ministry of
the Interior had been replaced by justices of the peace.
64. Members of the Committee welcomed the oral introduction by the
representative of the reporting State and the additional report submitted by
the Government of Ecuador. Clarification was, however, sought as to whether
the Supreme Court considered that the provisions of international treaties
were directly applicable to Ecuadorian domestic law and whether a legislative
text establishing the independence of the judiciary existed in Ecuador.
Members also wished to know how the competence of the various bodies in charge
of investigations was defined; how habeas corpus worked in practice and
whether it applied to detentions ordered by a judge; whether legal practice
had established a distinction between amparo and habeas corpus; how the future
institution of ombudsman would operate; and whether any offences were still
liable to the death penalty. In addition, more information was requested
regarding the provision of legal aid, the powers and working methods of the
Ad Hop Human Rights Committee of the National Congress in verifying reports of
human rights violations, and concerning the appointment of magistrates.
65. Members of the Committee welcomed the disbanding of the SIC but wished to
know where former members of the service were currently employed and whether
the Judicial Police replacing the SIC were under the supervision of the
courts. They noted that the rationalization of torture was unacceptable and
that the use of extreme methods by public officials could never be justified.
Torture should be prohibited whatever the stage of development of a country
and whatever the nature of the offence being investigated. Members also
requested details concerning the action that was being taken by Ecuador in
respect of certain alleged instances of torture that had been reported by
non-governmental organizations or which were being considered by the Special
Rapporteur of the Commission on Human Rights on questions relating to torture.
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