CAT/OP/ECU/2
completely surrounded by persons deprived of their liberty. The Subcommittee noted
that, in the event of an emergency, the team could have been cornered and unable to
reach an exit.
58. The Subcommittee recommends that the national preventive mechanism, in
consultation with a security specialist, develop protocols and provide its staff with
security training. The Subcommittee recommends that, at the beginning of a visit,
the national preventive mechanism team carefully consider the security -related
restrictions proposed by the staff of the establishment and request information on
recent incidents and the measures taken in response to such situations.
59. During the visit to the centre of deprivation of liberty in Cotopaxi, a team
decided to conduct a group interview in an enclosed area where several access
corridors to the cells met and where some 200 persons deprived of their liberty had
gathered. In order to conduct the interview, the interviewer had to step up onto an
elevated area in order to make himself heard. However, given the large number of
persons present, his efforts were unsuccessful and the persons deprived of their liberty
started to show signs of impatience and disgruntlement. The Subcommittee is of the
view that this type of interview not only does not yield any positive results because it
does not allow for addressing any subject in an even remotely serious or in -depth
manner, but may also place the physical safety of the national preventive mechanism
team at risk.
60. The Subcommittee recommends that, before deciding to hold a group
interview, the national preventive mechanism seriously evaluate the
circumstances in which it would be held, the usefulness and relevance of such an
interview and the possible security implications.
61. The Subcommittee notes with satisfaction that, during the interviews with
persons deprived of their liberty, the national preventive mechanism undertook an in depth review of the material conditions and the regime applied in the place of
detention. However, the Subcommittee is of the view that the national preventive
mechanism could also take a closer look at systemic and institutional shortcomings.
For example, two of the inmates who were interviewed in the Cotopaxi centre said
that their visits had been suspended. Another prisoner in the same centre reported that
he had completed his eight-year sentence the previous week but remained deprived of
his liberty and had not received any notice of an order for his release. The national
preventive mechanism team did not try to ascertain the veracity of those reports, find
out what the reasons for these situations were or identify possible solutions.
62. In the view of the Subcommittee, the situations described would merit
several follow-up questions and, if possible, a review of the records to corroborate
the information and identify possible patterns of violations of the human rights of
persons deprived of their liberty. The Subcommittee recommends that the
national preventive mechanism use the interviews to take a closer look at
structural aspects of the system of deprivation of liberty in order to collect
information and thus be in a position to undertake a comprehensive,
substantiated analysis of institutional, legal and public policy risk factors.
63. The Subcommittee welcomes the practice of the national preventive mechanism
staff of sharing the findings among the team and deciding on priority issues as a group
before submitting their comments to the director of the institution concerned.
64. During the visit to the regional centre of Cotopaxi, the Subcommittee noted that
the main complaints about material conditions made by persons deprived of their
liberty had to do with the lack and quality of drinking water and heating. The
Subcommittee wishes to emphasize that, had there been a doctor on the team, he or
she could have established whether there was a correlation between these
14/20
GE.15-11962
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