CAT/OP/ECU/2
psychiatric institutions, social welfare homes, detention centres under military
jurisdiction, clandestine clinics that “treat” homosexuality, etc., in order to
provide the greatest possible protection to persons deprived of their liberty. The
Subcommittee recalls that article 4 of the Optional Protocol covers private
establishments from which a person is not permitted to leave at will with the
consent or acquiescence of a public authority. The Subcommittee recommends
that the national preventive mechanism continue to mainstream a gender
perspective into all its activities.
During the visits
52. The Subcommittee noted that during its visits to both the National Police
Provisional Detention Centre in Quito and the centre of deprivation of liberty in
Cotopaxi, the members of the national preventive mechanism introduced themselves
correctly to the authorities in the places of detention, explaining their mandate, and the
purpose of their visit and placing emphasis on the principle of confidentiality. The
Subcommittee observed that the national preventive mechanism staff engaged in a
constructive dialogue with the directors of the establishment, who were familiar with
the work of the mechanism.
53. The Subcommittee was pleased to note that, when talking to persons deprived of
their liberty, the members of the national preventive mechanism explained the purpose
of their visit to them and asked for their consent to the interview, clarifying its
confidential and voluntary nature.
54. The Subcommittee believes that it would be good practice to hand out an
information brochure to the interviewees which explains the mandate and
working methods of the national preventive mechanism and provides contac t
information. The Subcommittee recommends that the mechanism should produce
such a brochure. The brochure should also state that persons deprived of their
liberty can report to the mechanism any reprisals taken against them for having
been in contact with the national preventive mechanism.
55. Private interviews with persons deprived of their liberty are a fundamental aspect
of preventive visits and are specifically authorized by the Optional Protocol. As a rule,
and unless there are substantive reasons for doing otherwise, the Subcommittee
recommends that the national preventive mechanism conduct individual, private
interviews with persons deprived of their liberty and employees of the institution in
question, including medical personnel.
56. The Subcommittee noted that the national preventive mechanism staff have been
trained to interview persons deprived of their liberty and succeeded in establishing
rapport with them by listening actively and asking specific questions. The
Subcommittee took note that the national preventive mechanism teams used checklists
and in-house questionnaires during the interviews to ensure that all important aspects
were covered. The interviewers also conducted the interviews in such a way that the
persons deprived of their liberty could feel at ease and speak spontaneously.
57. The Subcommittee witnessed group and individual interviews. In the National
Police Provisional Detention Centre in Quito, the Subcommittee observed a group
interview which allowed the team to identify common problems, identify the informal
leaders and obtain an idea of the group’s overall state of mind. The team was able to
manage the 30-person group with authority, establishing rules for taking turns to speak
from the outset. The Subcommittee noted, however, that the national preventive
mechanism has no security protocols, which gave rise to potentially dangerous
situations for the team. For example, in one of the wards, the team conducted a group
interview at the end of a long, narrow corridor where the te am members were
GE.15-11962
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