A/66/44
(iii) The incorporation of new legal procedures for the protection of human rights,
such as protective action (art. 88), habeas corpus (art. 89) and special protection
measures (art. 94);
(iv) The trial of members of the armed forces and the national police by the
judiciary (art. 160);
(v)
The establishment of the Office of the Ombudsman as an independent
judicial organ responsible for providing free legal aid to persons who cannot afford
the services of a counsel (art. 191).
(b)
Ruling No. 0002-2005-TC of the Constitutional Tribunal (now the
Constitutional Court), published in Official Gazette No. 382-S of 23 October 2006,
declaring the detención en firme procedure unconstitutional;
(c)
Ruling No. 0042-2007-TC of the Constitutional Tribunal, published in
Official Gazette No. 371 of 1 July 2008, declaring articles 145 and 147 of the National
Security Act, which allow the trial of civilians by military courts for acts committed during
states of emergency, unconstitutional; and the interpretative statement No. 001-08-SI-CC of
the new Constitutional Court, published in Official Gazette No. 479 of 2 December 2008,
confirming that the former military and police courts ceased to exist when the 2008
Constitution took effect.
(7)
The Committee welcomes the efforts made by the State party to alter its policies and
procedures in order to ensure greater protection for human rights and apply the Convention,
in particular:
(a)
The adoption, on 8 May 2008, of Ecuador’s Refugee Policy, in which it
undertakes to meet the commitments assumed under the 1951 Convention relating to the
Status of Refugees, its 1967 Protocol, the 1984 Cartagena Declaration and the 2004 Mexico
Declaration and Plan of Action;
(b)
The adoption in 2006 of the national plan to combat human trafficking,
illegal trafficking of migrants, exploitation for sexual work or other purposes and
prostitution of women, children and adolescents, child pornography and the corruption of
minors;
(c)
The approval of the Criminal Code Reform Act (Act No. 2005-2, Official
Gazette No. 45 of 23 June 2005), which defines and punishes the offence of sexual
exploitation of minors;
(d)
The publication, on 7 June 2010, of the final report of the Truth Commission,
giving the results of its investigations into the human rights violations that have occurred in
Ecuador, mainly during the period between 1984 and 1988.
(8)
The Committee is pleased to note that the State party has admitted tens of thousands
of refugees and asylum-seekers, mostly Colombians fleeing from the armed conflict in their
country. The State party estimates that there are some 135,000 persons in need of
international protection who are present in the country, and had granted refugee status to
over 45,000 by 26 November 2009.
(9)
The Committee is grateful that the State party maintains an open invitation to all
special procedure mandate holders of the Human Rights Council. Since consideration of the
State party’s previous report, Ecuador has received the visits of seven special rapporteurs
and working groups of the Council.
GE.11-45568
33
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents