CAT/C/ECU/CO/4-6
(h)
Expressly prohibit corporal punishment of children in the home.
Lynchings and the actions of the peasant defence networks
19.
While noting that the delegation of the State party has made it plain that the
Ecuadorian State does not promote, support or back the activities of the “peasant defence
networks”, the Committee is concerned at reports that such networks are active in the
maintenance of security in rural areas and that some of their members have perpetrated
abuses. It condemns the recent lynchings in the provinces of Pichincha, Los Ríos, Guayas,
Azuay, Cotopaxi and Chimborazo (arts. 2 and 16).
The State party should:
(a)
Take all necessary steps to improve civilian security in rural areas,
ensuring that State security forces and bodies have a presence throughout the
country;
(b)
Ensure that incidents are investigated and that those responsible are
brought to justice.
Indigenous justice
20.
The Committee takes note of the information from the State party on the preparation
of a draft bill on cooperation and coordination between the indigenous and ordinary justice
systems, setting out, in articles 4 and 19, the principle of reviews for constitutionality. It is
nevertheless concerned that neither the periodic report nor the answers given by the
delegation of the State party give sufficient information on how conflicts of jurisdiction
between the two systems will be resolved (arts. 2 and 16).
The State party must take the steps necessary to ensure that conflicts of jurisdiction
between the ordinary and indigenous justice systems are resolved through a
procedure laid down by law that guarantees respect for fundamental rights and
liberties, including the prohibition of torture and cruel, inhuman or degrading
treatment or punishment.
Training
21.
The Committee takes note of the information in the report of the State party (paras.
82 to 88) on training schemes for members of the national police but regrets that so little
information is available on the evaluation of those schemes and their effectiveness in
reducing the incidence of torture and ill-treatment. The State party indicates in its report
(para. 206) that the Permanent Commission for the Evaluation, Follow-up and Adjustment
of Human Rights Operating Plans, in cooperation with international non-governmental
organizations, carried out a project between February 2007 and 2008 on the implementation
of the Istanbul Protocol. According to information received by the Committee, this is a
project of the International Rehabilitation Council for Torture Victims (IRCT) designed and
run by the Foundation for the Integral Rehabilitation of Victims of Violence (PRIVA), with
European Union funds, which the Permanent Commission has backed (para. 10).
The State party should:
(a)
Continue to provide training programmes so as to ensure that all public
servants, in particular members of the police forces and other security workers, are
fully aware of the provisions of the Convention, that [breaches] are not tolerated but
investigated, and that the perpetrators are brought to trial;
(b)
Assess the effectiveness and impact of training schemes and education on
the incidence of torture and ill-treatment;
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