(16)
The Committee takes note with concern of the allegations that at least 70 per cent of the prisoners in the Quito
social rehabilitation centre for women and men were subjected during their detention to the excessive and unlawful use
of force, including psychological and sexual torture, by criminal justice officials and the police (arts. 2 and 7).
The State party should take steps to eliminate impunity for those suspected of torturing and ill-treating
these prisoners; conduct prompt, impartial and thorough investigations; try and, where appropriate,
punish those responsible for torture and inhuman treatment with appropriate penalties; and properly
compensate the victims. It should also introduce training programmes to resolve these problems.
(17)
The Committee is concerned about allegations of torture and ill-treatment of members of vulnerable groups,
especially indigenous communities, sexual minorities and women, even though these groups are protected by domestic
law. These allegations, which also concern the treatment of human rights defenders and domestic violence, have not
been adequately investigated (arts. 2 and 12).
The State party should ensure that allegations of torture and ill-treatment of members of these groups
are thoroughly investigated and those responsible brought to trial. The State party should also build up
and strengthen the system of public defenders to protect these groups.
(18)
The Committee notes with concern the slowness and delays in the processing of court cases. In Pichincha
alone, the Committee has learned, there are over 390,000 pending cases.
The State party should allocate resources to alleviate and eventually eliminate the veritable “traffic jam”
in the country’s judicial system, and take steps to prevent such jams in the future.
(19)
The Committee notes with concern the practice of detención en firme, under which the court must, when
issuing a committal order, order the detention of the accused allegedly in order to ensure his or her presence at the trial
and avoid suspension of the proceedings (art. 2).
The State party should foster legislative improvements which will help to shorten periods of pretrial
detention, including removal of the concept of detención en firme from the Code of Criminal Procedure.
An appeal on the grounds that this form of detention is unconstitutional is awaiting consideration by the
Constitutional Court, which is to be appointed in the future.
(20)
The Committee regrets the allegations that in deportation cases the rules of due process are not fully complied
with, and that the functioning of the machinery to prevent individuals from being placed at risk through return to their
countries of origin is not fully guaranteed. It also regrets the inadequacy of the machinery to enable the migration
authorities to check whether an individual runs the risk of torture by returning to his or her country of origin (arts. 3
and 6).
The State party should adopt administrative measures in all the country’s police stations so as to
guarantee respect for due process during deportation, especially the right to a defence, the presence of a
diplomatic agent from the detainee’s country and, in the case of refugees, the mandatory presence of
UNHCR personnel. The Committee also recommends the organization of training programmes on
international refugee law with emphasis on the content and scope of the principle of non-refoulement for
migration police officers and administrative officials handling deportation procedures throughout the
country.
(21)
The Committee notes with concern the allegations that a large number of prisoners have been tortured while
being held incommunicado. Some lawyers have claimed that they are prevented from talking with their clients in the
offices of the judicial police, and even that visits to prisoners by independent private doctors have been prevented. It is
also alleged that victims have been denied access to their own lawyers (arts. 4 and 6).
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