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had access to an ombudsman paid by the State; and the investigatory commissioners from the Ministry of the Interior had been replaced by justices of the peace. 64.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. -15Digitized by Dag Hammarskjöld Library

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