CAT/OP/ECU/2 Legal basis 13. While the Optional Protocol leaves it to the State party to determine what the institutional format of the national preventive mechanism will be, the structure of the mechanism and the fulfilment of its mandate must be in accordance with the Optional Protocol, as indicated in the “Guidelines on national preventive mechanisms 1”. 14. In the case of Ecuador, the Subcommittee notes that the lack of a solid legal basis for the establishment of the national preventive mechanism is a weakness that has an impact on its work. Therefore, the legislative process leading to the enactment of a new Office of the Ombudsman Organization Act, which was under way at the time of the Subcommittee’s visit, is of the utmost importance. 15. On 10 December 2013, the Ombudsman submitted a bill on the areas of authority, structure and procedures of the Office of the Ombudsman to the National Assembly. That bill had been designed with a view to bringing the functions of the Office into line with the existing constitutional framework. Title IV of the bill, which deals with the prevention of torture and of cruel, inhuman or degrading treatment, provides that the Office of the Ombudsman shall constitute the national preventive mechanism and defines its terms of reference within that framework. The task of considering the bill has been entrusted to the Specialized Standing Committee for Citizen Participation and Social Control of the National Assembly. The Subcommittee thanks the Office of the Ombudsman for having included proposals in the bill which the Subcommittee had put forward in the weeks preceding its visit. 16. In the course of its visit, the Subcommittee had the opportunity to meet with the President of the Specialized Standing Committee, Ms. Dora Aguirre Hidalgo, in the presence of the national preventive mechanism, in order to exchange views on the content of title IV of the bill. Furthermore, as agreed during the meeting of 14 October 2014, the Subcommittee sent a letter to Ms. Aguirre Hidalgo, copied to the national preventive mechanism, with suggestions concerning some aspects of the bill. The Subcommittee submitted the following observations concerning the legal basis for the mechanism: “Pursuant to article 11 (b), subparagraphs (i) and (iv), of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Subcommittee’s mandate includes the provision of advice and assistance to States parties, as necessary, in relation to the establishment of national preventive mechanisms and the formulation of recommendations and observations with a view to strengthening the capacity and the mandate of those mechanisms. Please note that the comments contained in this letter refer to title IV (Prevention of torture and cruel, inhuman or degrading treatment) of the August 2014 version of the bill. The Subcommittee recognizes the quality of the bill, which is broadly in line with the principles and provisions of the Optional Protocol. […] The Subcommittee commends the Committee over which you preside for having conducted such an open process of citizen participation and consultation in building consensus around the bill. The Subcommittee recalls that, pursuant to paragraph 16 of the aforementioned Guidelines, the national preventive mechanism should be identified by an open, transparent and inclusive process which involves a wide range of stakeholders, including civil society. The Subcommittee recommends that the text of the Optional Protocol be made available to participants in the public events held by the Committee to provide information about the bill. __________________ 1 GE.15-11962 CAT/OP/12/5. 5/20