CAT/C/ECU/CO/7 implement the recommendations emerging from the mechanism’s oversight activities. The State party should publish and widely disseminate the annual reports of the national preventive mechanism, in accordance with the Guidelines on national preventive mechanisms issued by the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (see CAT/OP/12/5, para. 9). Lastly, the Committee urges the State party to authorize the publication of the report on the Subcommittee’s visit that was carried out from 1 to 4 September 2014 for the purpose of providing advisory assistance to the national preventive mechanism of Ecuador. Independence of the judiciary 17. Despite the extensive explanations on judicial reform provided by the State party’s delegation, the Committee remains concerned about reports of political interference in judicial decisions and the application of disciplinary measures against judges who issue rulings that are contrary to the interests of the Government, as well as the questionable dismissal of hundreds of judges, and the appointment of officials close to the executive branch as judges of the National Court of Justice and the Constitutional Court and as members of the Council of the Judiciary (art. 2). 18. The State party should guarantee the full independence and impartiality of the judiciary in the performance of its functions. It should also ensure that the judicial disciplinary regime and the system for appointment, promotion and dismissal of judges are applied in accordance with the provisions of the relevant international standards, including the Basic Principles on the Independence of the Judiciary. Indigenous justice 19. The Committee is concerned that, in spite of the indications made in its previous concluding observations (see CAT/C/ECU/CO/4-6, para. 20), the bill on coordination and cooperation between the indigenous and ordinary justice systems is still awaiting adoption by the National Assembly (art. 2). 20. The Committee encourages the State party to take the legislative measures needed to establish mechanisms of coordination and cooperation between the indigenous and ordinary justice systems, as prescribed by article 171 in fine of the Constitution of Ecuador, in order to guarantee fundamental rights and freedoms, including the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. Refugees and non-refoulement 21. While noting the explanations given by the delegation, the Committee remains concerned at reports that the State party might have engaged in practices contrary to the principle of non-refoulement, especially at airport border posts. The Committee also expresses its concern at the content of article 34 of the Regulations on Recognition of the Right to Asylum in Ecuador (Decree No. 1182), which permits exceptions to the principle of non-refoulement in respect of asylum seekers who are considered to represent a risk to security or public order or who are deemed to constitute a threat because they have been convicted of a particularly serious crime. In this regard, the Committee recalls that article 3 of the Convention affords absolute protection to anyone in the territory of a State party, regardless of the person’s character or the danger that he or she may pose to society (see communications No. 475/2011, Nasirov v. Kazakhstan, para. 10.4 and No. 444/2010, Abdussamatov v. Kazakhstan, para. 13.7). Furthermore, the Committee finds it regrettable that it has not received up-to-date information on the situation relating to the State party’s 4 GE.17-00413

Select target paragraph3