....
81. Municipal authorities took decisions on the constitutional aspects of
habeas corpus when power to order a detainee's release could not be entrusted
to other authorities, perhaps owing to communication difficulties in Ecuador.
Mayors and chairmen of municipal councils were not, however, authorized to
take any decision on the lawfulness of a warrant for arrest. Any official who
refused to obey an order from such municipal authorities for the release of a
detainee would be liable to instant dismissal. Amparo was a remedy for which
application w~s made to the judicial authority immediately above the court
which had ordered imprisonment.
82. The Constitution made contempt an offence and it would be necessary to
bring the Penal Code into line with it. Officials were obliged to abide by
the decisions of the Court of Constitutional Guarantees and the Court could
dismiss or deprive of his civil rights any official who failed to do so.
83. With regard to the jurisdiction of various courts, particularly military
and police courts, the representative indicated that the matter had assumed
greater importance with the trial of the persons involved in the Restrepo
brothers case which, according to the court, came within the jurisdiction of
the Supreme Court and the ordinary law system. A draft code of penal
procedure was under preparation and it would define more clearly the offences
that came under the ordinary law system and those that were subject to the
jurisdiction of the police court.
With regard to article 1 of the Convention, the representative stated
that while domestic legislation did not always use the same vocabulary as the
Convention, it was broad enough to enable jUdges to apply the latter's
provisions.
84.
Referring to article 2 of the Convention, the representative pointed out
that there were certain circumstances, such as self-defence, which might
justify human rights violations. The declaration of the Supreme Court of
Justice in favour of amending article 214 of the Penal Code was intended
precisely to bring domestic provisions in line with those of the Convention.
85.
With regard to article 3 of the Convention, the representative informed
the Committee that a decision to extradite could only be taken by the Supreme
Court. Decisions on expulsion were made by the Secretary-General of the
police of the province concerned, who was not a police official but a
magistrate. His decision was final except where expulsion was provisional.
Expulsion could not be ordered to a country where the expelled person might be
submitted to torture.
86.
In connection with article 4 of the Convention, the representative
referred to questions relating to penalties imposed for specific cases of
torture and pointed out that one of the failings of the Ecuadorian judicial
system was the slowness of proceedings. A large percentage of detainees had
to wait months if not years before appearing before a court and it was not
unusual for the period spent in pre-trial detention to be longer than the
actual prison sentence. Efforts had been made to remedy that situation,
including a project, undertaken in cooperation with the United Nations Latin
American Institute for the Prevention of Crime and the Treatment of
Delinquency, to improve the administration of justice by the Supreme Court.
87.
-18Digitized by Dag Hammarskjöld Library
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