CAT/C/ECU/CO/4-6
the border, the Committee is deeply concerned about the reports received of continual
abuses and acts of violence against the civilian population, and in particular asylum-seekers
and refugees of Colombian nationality, committed by illegal armed groups and members of
the Ecuadorian and Colombian security forces (arts. 1–3, 10 and 16).
The Committee recommends that the State party:
(a)
Adopt the necessary measures to guarantee the physical integrity of the
civilian population in the provinces on the border with Colombia, including the
refugees and asylum-seekers under its jurisdiction;
(b)
Ensure that investigations are carried out into the murders and abuses
committed in this region and that the perpetrators of such acts are brought before the
courts;
(c)
Continue mandatory in-service training programmes on human rights,
asylum and migration for members of the State party’s armed and security forces,
and give priority to those police and military personnel serving or due to serve in
border areas;
(d)
Conduct a periodic review of the contents of the Guide to Human Rights
and Human Mobility for members of the State party’s armed and security forces.
15.
The Committee notes with deep concern the wealth of documentation received about
acts of abuse and sexual assaults on female refugees and asylum-seekers, allegedly
committed by members of the State security forces and the Ecuadorian armed forces. The
Committee has received information on women and girls, most of whom are of Colombian
nationality, who are sexually assaulted or compelled to have sexual relations under threat of
expulsion. The Committee draws the attention of the State party to recent cases in which
Colombian asylum-seekers were returned in June 2010 and the summary expulsion of
another in October 2010 before a decision had been handed down on his appeal (arts. 1–4
and 16).
The State party should:
(a)
Ensure that thorough investigations are carried out into abuses
committed against refugees and asylum-seekers, and in particular women and girls;
(b)
Ensure that such acts do not go unpunished and that the appropriate
criminal, civil and administrative liabilities are determined;
(c)
Take the measures necessary to ensure that persons under its
jurisdiction are fairly treated at all stages of the asylum procedure, and in particular
that they receive an effective, impartial and independent review of the decision to
expel, return or deport them;
(d)
Ensure compliance with and proper application by the police
commissioner (the provincial police authority) and provincial migration police chiefs
of the protocol applicable to deportation procedures and, failing this, hand down the
appropriate penalties;
(e)
Take the legislative or other measures necessary to facilitate the
integration of refugees and asylum-seekers;
(f)
Strengthen campaigns to raise awareness of the conflict in Colombia and
the situation of persons who come to Ecuador in search of refuge, as well as
awareness-raising measures that could help eliminate discriminatory or xenophobic
attitudes.
GE.11-40392
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