CAT/C/ECU/CO/7
48.
The Committee reiterates its previous concluding observations (see
CAT/C/ECU/CO/4-6, para. 18) and urges the State party to continue taking the
necessary measures to prevent and eliminate abuse and sexual violence against minors
in schools. The Committee also urges the State to ensure that all such acts are
investigated promptly, effectively and impartially, that the perpetrators are brought
to justice and that victims obtain redress. The State must also ensure that the victims
are provided with the necessary protection and support. Finally, the State party
should provide comprehensive statistical data on the number of complaints received
and investigated, and on the number of prosecutions and convictions in such cases.
Violence against individuals based on their sexual orientation or gender identity
49.
The Committee is concerned at allegations of involuntary placement and illtreatment of lesbian, gay, bisexual and transgender persons in private centres in which
“sexual reorientation or dehomosexualization therapies” are practised. Despite the closure
of 24 such centres, the Committee notes with concern that the proceedings initiated by the
Attorney General’s Office have, to date, not yielded any convictions. The Committee also
strongly condemns the killings of gay and transgender persons that occurred in the State
party during the period under review (arts. 2 and 16).
50.
The State party should ensure that all cases of violence against persons on the
basis of sexual orientation or gender identity are investigated with the aim of
prosecuting and punishing the perpetrators of such acts. It should also carry out
awareness-raising activities for the general public in order to combat the social
stigmatization of lesbian, gay, bisexual and transgender persons.
Coerced confessions
51.
While the Committee takes note of the guarantees set forth in the Constitution and
the provisions of the Comprehensive Organic Criminal Code regarding the inadmissibility
of evidence obtained in violation of fundamental rights and guarantees, it regrets that the
State party has not provided it with examples of recent cases that have been dismissed by
the courts because of the submission of evidence or testimony obtained by means of torture
or ill-treatment (art. 15).
52.
The State party should take effective steps to ensure in practice that confessions
obtained under torture or ill-treatment are ruled inadmissible. It should also expand
vocational training programmes for judges and prosecutors so as to ensure the latter’s
ability to effectively identify torture and ill-treatment and investigate all allegations of
such acts.
Training
53.
The Committee acknowledges the efforts made by the State party to develop and
implement training programmes in human rights, including modules on the provisions of
the Convention, for members of the National Police and prison security officers. However,
it regrets that no information has been provided on specialized training activities for
professionals directly involved in the investigation and documentation of torture, as well as
for medical and other personnel who deal with prisoners, on how to detect and document
physical and psychological sequelae of torture and ill-treatment (art. 10).
54.
The State party should:
(a)
Continue to conduct and review mandatory continuing education
programmes in order to ensure that all public officials, particularly members of the
National Police and prison security officers, fully understand the provisions of the
10
GE.17-00413