CAT/C/ECU/CO/4-6
Ramírez Herrera received threats after documenting cases of torture and ill-treatment in the
Quevedo Social Rehabilitation Centre. The Committee would also request that the State
party afford adequate protection to the members of the national network of forensic experts
and for all human rights defenders engaged in combating torture and impunity in Ecuador
(arts. 2, 12, 13 and 16).
The State party should:
(a)
Inform the Committee of the results of the investigations conducted into
the murder of Dr. Ramírez Herrera as soon as the proceedings of the case have been
made public;
(b)
Initiate a programme for the protection of professionals who through
their investigations are able to throw light on the facts of alleged cases of torture and
ill-treatment.
Non-refoulement and access to a fair and expeditious asylum procedure
13.
The Committee welcomes the efforts made by the State party to respond adequately
to the considerable number of persons in need of international protection present within the
country (see paragraph 8 above). It appreciates in particular the launch of initiatives such as
the Extended Register, which gave rapid access to procedures undertaken for the
determination of refugee status for tens of thousands of Colombians in the most remote
border areas. The Committee notes with concern, however, the content of Executive Decree
No. 1471 of 3 December 2008, establishing as a requirement for the entry of Colombian
citizens to Ecuadorian territory the presentation of a certificate of good conduct or
“criminal record”, issued by the Department of National Security (DAS), the intelligence
agency which comes under the authority of the executive branch of the Colombian
Government. The discriminatory nature of this requirement has been pointed out by the
Office of the Ombudsman, as well as by several international organizations, and was
partially amended by Executive Decree No. 1522 of 7 January 2009, which excluded from
the requirement minors, refugees legally recognized by Ecuador, air crews, governmental
or local authorities, diplomats and members of international organizations. The Committee
considers that obliging asylum-seekers to meet this requirement would force many persons
in need of international protection to place their security at risk (art. 3).
Considering the considerable increase in the number of asylum-seekers in Ecuador in
recent years, the Committee recommends that the State party:
(a)
Pursue its efforts in conjunction with the Office of the United Nations
High Commissioner for Refugees (UNHCR) to identify and protect refugees and
asylum-seekers;
(b)
Examine the conformity of the current legislation on asylum and
immigration with the norms and principles of international human rights law, in
particular the principle of non-discrimination. The State party should consider
withdrawing the requirement for the submission of “criminal records” with asylum
applications, which in the opinion of the Committee violates the principles of nonrefoulement and confidentiality with respect to the rights of refugees.
Abuse and refoulement of asylum-seekers and refugees
14.
The Committee notes with great concern the deterioration in the situation on the
northern border with Colombia stemming from the domestic conflict in that neighbouring
country and the presence of groups involved in organized crime, as a result of which the
State party has stepped up its military presence in the area. While it appreciates the serious
difficulties the State party has to deal with in order to preserve public order in provinces on
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