initial reports of States parties and ~id not provide the text of national legislative provisions relevant to the implementation of the Convention. 121. With regard to the general legal framework in which the Convention was implemented in Ecuador. members of the Committee observed that clear and comprehensive information was necessary on how international instruments were incorporated into Ecuadorian law and on whether Ecuadorian legislation contained provisions of wider application than those contained in the Convention. In addition. detailed information was necessary on the structure of the judiciary in Ecuador. the procedures existing in the country permitting applications for redress. the functioning and impact of the Tribunal of Constitutional Guarantees. the organization and scope of educational and information activities relating to the fight against torture and on the mandate and functioning of the Special Commission of Inquiry. Members of the Committee also wished to know whether the provisions of the Convention could be applied directly; whether remedies or rehabilitation programmes existed. and what the actual situation was with regard to the practical implementation of the Convention and in respect of the difficulties affecting the fulfilment of Ecuador's obligations thereunder. 122. In that connection. members of the Committee noted that they had received information on allegations of torture in Ecuador from various non-governmental organizations and requested detailed information especially on events that had occurred in January and March 1990. in connection with which a prison governor had publicly denounced the Criminal Investigation Department for torturing prisoners. They also asked what remedial action had been taken by the Ecuadorian Government to improve the situation. 123. Referring to specific articles of the Convention. members of the Committee wished to know whether the definition of torture contained in article 1 of the Convention was fully covered in Ecuadorian law and whether acts of torture were identified and dealt with in Ecuador's Penal Code and Code of Criminal Procedure. as required by article 4 of the Convention. 124. In connection with article 2 of the Convention. members of the Committee stated that the adoption by States parties of measures to prevent acts of torture were extremely important. Ouestions relating to authority to arrest. the duration of pre-tria1 detention. the rules governing incommunicado detention. the guarantee of medical examinations and. in general. issues of a practical. procedural and functional nature should therefore have been reported on in far greater detail. The relationship in such matters between the authority of police officers and that of magistrates or judges also needed to be clarified. 125. Clarification wa~ also requested as to whether the Aliens Act and the Regulations on Aliens satisfied the requirements of article 3 of the Convention and whether the provisions of title I. article 5. of the Ecuadorian Penal Code and article 3 of the Ecuadorian Code of Criminal Procedure satisfied the requirements of article 5 of the Convention. 126. In addition. members of the Committee observed that more detailed information with regard to articles 6 to 15 of the Convention was necessary to understand how their provisions were actually implemented. They stressed the need to receive. in particular. factual information on important issues such -24-

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