CAT/OP/ECU/2
27. The Subcommittee recommends that, to the extent possible, the national
preventive mechanism be represented in its own right at institutional meetings
that concern its mandate so that it may bring to bear its experience and the
preventive focus of its work.
28. The Subcommittee recognizes how valuable the work of the Office of the
Ombudsman, its notable public profile, and its experience and infrastructure are in
furthering the fulfilment of the national preventive mechanism ’s mandate. The success
of efforts to achieve the Subcommittee’s objectives will depend largely on
contributions from the Office of the Ombudsman and on its continued prioritization of
prevention.
29. The Subcommittee recommends that the Office of the Ombudsman take
appropriate measures to enhance the visibility of the mandate, specialization and
activities of the national preventive mechanism so that other institutions and the
general public are aware that its functions differ from the other functions
performed by the Ombudsman’s Office.
Dialogue with the authorities
30. The work of the national preventive mechanism in designing and developing its
various methodologies and the many visits that it has undertaken to centres of
deprivation of liberty since its inception do not seem to have had the desired impact,
largely because the relevant authorities and institutions have failed to devote attention
to its work.
31. Although the Subcommittee understands that the national preventive mechanism
is unable to resolve extrinsic issues such as those involving political will or the
frequent changes and rotation of officials in ministries and other institutions with
which it should liaise, the mechanism could step up its efforts to improve its dialogue
with the authorities.
32. Based on its experience in working with national preventive mechanisms in
different countries, the Subcommittee has noted that, in cases where ombudsman ’s
offices (national human rights institutions) have taken on the mandate of national
preventive mechanisms, it has been difficult for them to build the kin d of constructive
dialogue envisaged in the Optional Protocol because the authorities have been unable
to distinguish clearly between the preventive and reactive roles of these bodies. Since
the role of ombudsman’s offices involves taking a critical look at State action, calling
attention to problems when they arise and processing individual complaints, among
other functions, the authorities are often reluctant to cooperate, especially where
ombudsman’s offices participate in judicial proceedings or are aut horized to bring
cases before a judge or prosecutor where there is evidence of criminal liability. The
Subcommittee is of the view that the current lack of visibility of the national
preventive mechanism in Ecuador has a negative impact on its effectivenes s and on
the extent of the attention that is devoted to its recommendations.
33. The Subcommittee recommends that the Office of the Ombudsman develop
a strategy for disseminating information about the national preventive
mechanism, both within the Office and among the relevant authorities and the
general public. The Subcommittee recommends that the national preventive
mechanism redouble its efforts, through awareness-raising and other advocacy
activities, to explain how the fulfilment of its mandate adds value to the work of
the Office of the Ombudsman and to clarify the nature of the principle that
guides its work, which is based on sustained cooperation and dialogue over the
long term as a means of assisting the authorities to make any changes required to
prevent torture and ill-treatment.
GE.15-11962
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