CAT/C/ECU/CO/4-6
exercise jurisdiction over the 118 cases investigated by the Truth Commission as a prior
step to their trial (arts. 2, 4, 12, 14 and 16).
The Committee requests the State party to submit full information on:
(a)
The response to the 115 recommendations made in the final report of the
Truth Commission concerning satisfaction, restitution, rehabilitation, compensation
and assurances of non-repetition;
(b)
The outcome of the examination by the National Assembly’s Commission
on Justice and Structure of the State and the subsequent proceedings for the adoption
of the bill for reparation of victims proposed by the Truth Commission;
(c)
The outcome of any investigations and criminal trials, including the
sentences handed down, that may result from the information submitted by the Truth
Commission to the Office of the Public Prosecutor.
Violence against children, abuse and sexual violence against minors
18.
The Committee expresses its deepest concern about the numerous and consistent
reports received describing the scale of the problem of abuse and sexual violence against
minors in educational establishments in Ecuador. While it takes note of the existence of a
plan to eradicate sexual offences in educational establishments, the Committee considers
that there has not yet been an adequate institutional response by the State party, and that
this is one reason why victims frequently prefer not to report instances of abuse. The
Committee is particularly concerned about the information on cases in which the victims
have allegedly identified their aggressor among the teaching staff. In this regard, the
Committee is closely following the proceedings of the Paola Guzmán v. Ecuador case,
which was accepted for consideration by the Inter-American Commission on Human Rights
on 17 October 2008 (Report No. 76/18) after an examination of the complaint lodged by the
plaintiffs concerning alleged violations of articles 4, 5, 8, 19, 24 and 25 of the American
Convention on Human Rights. The Committee is also concerned that corporal punishment
is legal within the home (arts. 1, 2, 4 and 16).
The Committee urges the State party, in view of the seriousness of the acts concerned,
to:
(a)
in schools;
Step up its efforts to eradicate abuse and sexual violence against minors
(b)
Take all measures necessary to investigate, bring to trial and punish the
perpetrators of such acts;
(c)
Make available resources to eliminate the persistent pattern of abuse and
sexual violence against minors in educational establishments;
(d)
Make complaints mechanisms available to victims and their families in
educational establishments and other institutions;
(e)
Strengthen awareness-raising and in-service training programmes on the
subject for teaching staff;
(f)
Guarantee that victims have full access to health services specialized in
family planning and the prevention and diagnosis of sexually transmitted diseases. In
addition, the State party should redouble its efforts to provide victims with redress,
including fair and adequate compensation, and the fullest possible rehabilitation;
(g)
Establish a consultative mechanism that involves civil society, including
parents’ associations;
GE.11-40392
7