A/66/44
The Committee recommends that the State party:
(a)
Take appropriate measures to ensure that a prompt and impartial
investigation is made into all complaints of torture or ill-treatment. In particular, such
investigations should be the responsibility of an independent body, not under the
authority of the police;
(b)
Review the effectiveness of the internal complaints system available to
detainees and consider establishing an independent complaints system for all persons
deprived of their liberty;
(c)
Duly bring to trial the alleged perpetrators of acts of torture or illtreatment and, if they are found guilty, sentence them to penalties that are consistent
with the seriousness of their acts;
(d)
Provide the victims with proper compensation and focus its efforts on
their fullest possible rehabilitation.
The Truth Commission
(17) The Committee takes note with satisfaction of the final report of the Truth
Commission (see para. 7 (d) above), and in particular of the conclusions and
recommendations reached after investigations into 118 cases of human rights violations
committed in Ecuador between 1984 and 2008, several of which were collective in nature,
and which concerned a total of 456 recognized victims. The final report confirms that 269
persons were unlawfully deprived of their liberty; 365 were tortured; 86 were sexually
assaulted; 17 were victims of enforced disappearance; 68 were summarily executed; and 26
others were victims of “attempts on their life”. On 8 June 2010, the Truth Commission
presented, with the support of the Ombudsman and in compliance with article 6 of
Executive Decree No. 305 of 3 May 2007, a proposal concerning mechanisms to follow up
on its recommendations, set forth in the “bill to provide reparation for victims and ensure
the prosecution of serious human rights violations and crimes against humanity committed
in Ecuador between 4 October 1983 and 31 December 2008”. The Committee also takes
note of the establishment, by the Office of the Public Prosecutor, of a special unit to
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
GE.11-45568
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