CAT/OP/ECU/2
II. Context of the Subcommittee’s visit
8.
The Subcommittee’s visit took place during the country’s transition to a new
prison system which involved, among others, the closure of old prisons in very poor
condition and their replacement with newly built, regional prisons. In the Quito
region, the García Moreno Prison was closed down and, starting in early 2014, most
inmates were transferred to the Sierra Centro-Norte Regional Centre of Deprivation of
Liberty for Adults in Latacunga, Cotopaxi Province. The transfer of the female
inmates took place during the Subcommittee’s visit to the country. The Subcommittee
also visited the National Police Provisional Detention Centre near García Moreno
Prison and observed that the Centre was dilapidated, overcrowded and generally in
poor condition.
9.
During this process of restructuring the country’s prison system, the national
preventive mechanism, through its visits and recommendations, can offer essential
advice to the authorities concerning the improvements being made and the changes
required. The current reform programme provides an opportunity for the national
preventive mechanism to enhance its visibility and position itself as key player in the
area of prevention and in the protection of detainees from torture and ill -treatment.
III. Recommendations for the national preventive mechanism
A.
Recommendations relating to institutional issues
10. The Optional Protocol was ratified by Ecuador on 20 July 2010 and entered into
force for the country on 19 August 2010. In accordance with article 17 of the Protocol,
the State party is to designate a national preventive mechanis m within one year of
ratification.
11. By a decision adopted in November 2011 in accordance with the mandate for the
prevention of torture conferred upon it by the 2008 Constitution, the Office of the
Ombudsman took on the role of national preventive mechanism on its own initiative
without additional resourcing. The Ministry of Justice, by official letter No. 09644 of
23 November 2011, informed the Ministry of Foreign Affairs, Trade and Integration
that the Office of the Ombudsman would act as the national preventive mechanism.
This information was subsequently transmitted to the Subcommittee, which informed
the State party on 24 February 2012 that it had taken note of the establishment of the
national preventive mechanism.
12. The Office of the Ombudsman has reported that the national preventive
mechanism team took up its work during the last quarter of 2012 and began to visit
places of deprivation of liberty in 2013. That same year, the national preventive
mechanism issued the first report on its activities. In 2014, in order to operationalize
its designation as the national preventive mechanism, the Office of the Ombudsman
set up the National Directorate for the Prevention of Torture as a structural component
of the Office. According to the information mad e available to the Subcommittee, the
National Directorate is an autonomous, independent body that is empowered to issue
guidelines; undertake visits; prepare reports, including thematic reports; and conduct
training and any other activities for which responsibility has been delegated by the
highest authority. The staff of the National Directorate were selected in accordance
with the recruitment regulations applying to the Office of the Ombudsman.
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