rejected them, as is shown by the judgement of 30
April 1991. In principle, it is not for the Committee
to question the evaluation of the evidence made by
national courts, unless that evaluation was
manifestly arbitrary or constituted a denial of justice.
The materials made available to the Committee by
the author do not demonstrate the existence of such
shortcomings in the procedure followed before the
courts.
also included. Another attached police report states
that, prior to the investigation, some photographs
were sent to Miss K., but the photograph of
Mr. García was first sent by facsimile, and Miss K.
stated in a telephone conversation from the United
States that: "This looks the most like him of any of
the photographs I have seen."
7.6 It is noted that Mr. García was released on
parole on 5 October 1994 and was required to report
to the prison centre every week. Mr. García has not
done so, and it has not been possible to locate him,
since he is not residing at his last address.
9.4 The file does not, however, reveal any
evidence that the incident in which the author
suffered a bullet wound was investigated by the
court. The accompanying medical report neither
states nor suggests how the wound might have
occurred. Given the information submitted by the
author and the lack of investigation of the serious
incident in which the author was wounded, the
Committee concludes that there has been a violation
of articles 7 and 10 of the Covenant.
7.7 The State party submitted documents
indicating that Mr. García was arrested on
6 July 1989, to be investigated for the crime of rape
committed against Miss D. K., a United States
national, on 5 May 1989. The register of aliens
shows that Mr. García was married to an Ecuadorian
woman. The State party has not sent the texts of the
arrest warrant for Mr. García or of the judgements.
9.5 With regard to the trial in the court of first
instance, the Committee finds it regrettable that the
State party has not submitted detailed observations
about the author's allegations that the trial was not
impartial. The Committee has considered the legal
decisions and the text of the judgement dated
30 April 1991, especially the court's refusal to order
expert testimony of crucial importance to the case,
and concludes that that refusal constitutes a violation
of article 14, paragraphs 3 (e) and 5, of the
Covenant.
8.1 In a letter of 29 December 1995, the
Ecumenical Human Rights Commission, which is
representing Mr. García, refers to a statement made
by the author in the presence of the judge in 1989 in
which he maintains that he is innocent, denies
having tried to escape and accuses officer 06 of
having fired at him in an interrogation room, after
first placing a handkerchief on his leg. He maintains
that his confession was obtained by means of torture.
This statement is found in the record of proceedings.
8.2 It is argued that if the police force itself is
responsible for carrying out an investigation of a
complaint like Mr. García's, the notorious esprit de
corps of the force gives rise to lies, and the police
are always vindicated in the end so as to avoid
penalties.
9.6 With regard to the information submitted by
the author concerning delays in the judicial
proceedings, in particular the fact that his appeal was
not dealt with in the period provided for by law, and
that, after waiting more than two and a half years for
a decision on his appeal, he had to abandon that
recourse in order to obtain conditional release, the
Committee notes that the State party has not offered
any explanation or sent copies of the relevant
decisions. Referring to its prior jurisprudence, the
Committee reiterates that, in accordance with article
14, paragraph 3 (c), of the Covenant, the State party
has to ensure that there is no undue delay in the
proceedings. The State party has not submitted any
information that would justify the delays. The
Committee concludes that there has been a violation
of article 14, paragraph 3 (c), as well as of article 14,
paragraph 5, since the author was obliged to abandon
his appeal in exchange for conditional release.
Examination of the merits
9.1 The Committee has considered the
communication in the light of all the information,
materials and legal documents submitted by the
parties. The conclusions it has reached are based on
the following considerations.
9.2 With regard to the arrest and imprisonment of
Mr. García, the Committee has considered the
documents submitted by the State party, which do
not show that the arrest was illegal or arbitrary or
that Mr. García had not been informed of the reasons
for his arrest. Consequently, the Committee cannot
make a determination on the alleged violation of
article 9 of the Covenant.
10. The Human Rights Committee, acting under
article 5, paragraph 4, of the Optional Protocol to
the International Covenant on Civil and Political
Rights, considers that the facts before it reveal
violations by Ecuador of articles 7, 10, paragraph 1,
and 14, paragraphs 3 (c) and (e) and 5, of the
Covenant.
9.3 With regard to the allegations of ill-treatment
perpetrated by a police officer, the Committee
observes that they were submitted by the author to
the Cuarto de Pichincha criminal court, which
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