CAT/C/ECU/CO/7
northern border with Colombia or on the use of diplomatic guarantees as a safeguard
against torture or ill-treatment (art. 3).
22.
The State party should:
(a)
Ensure that no one may be expelled, returned or extradited to another
State where there are substantial grounds for believing that he or she would run a
personal and foreseeable risk of being subjected to torture;
(b)
Repeal or amend provisions that permit exceptions to the principle of
non-refoulement, in particular article 34 of the Regulations on Recognition of the
Right to Asylum in Ecuador;
(c)
Provide information on its practice regarding the use of diplomatic
assurances to justify the deportation of foreign nationals where there are substantial
grounds for believing that the persons in question would be in danger of being
subjected to torture and explain how that practice is compatible with article 3 of the
Convention.
Investigation and prosecution of past human rights violations
23.
Notwithstanding the explanations given by the delegation of the State party
concerning the results obtained through the investigation and prosecution of serious human
rights violations, including acts of torture, that were committed in Ecuador between 1984
and 2008, the Committee remains concerned at the slow progress of investigations into the
cases of torture, enforced disappearance and extrajudicial execution documented by the
Truth Commission in its final report and at the low number of criminal proceedings
launched to date. At the same time the Committee takes note of the information provided
by the delegation on the progress made in implementing the 7 September 2004 judgment of
the Inter-American Court of Human Rights in the Tibi v. Ecuador case (arts. 2, 12-14 and
16).
24. In light of the Committee’s previous recommendation (see CAT/C/ECU/CO/4-6,
para. 17), the State party should take appropriate measures to ensure effective and
impartial investigations into all outstanding cases of alleged torture, enforced
disappearance and extrajudicial execution; prosecute and, where applicable, punish
the perpetrators; and provide compensation to the victims or their families.
Conditions of detention
25.
While acknowledging the efforts of the State party to improve conditions for persons
deprived of their liberty, including the recent opening of three prisons with an additional
capacity of 12,074 places, the Committee is concerned at the introduction of restrictions on
visits to prisoners and at the transfer of prisoners to prisons far from their family or social
circle under the new model of prison administration. Furthermore, the Committee remains
concerned at the high occupancy rates in some prison facilities and at the frequent episodes
of inter-prisoner violence. It is also concerned that, despite the transfer of responsibility to
the Ministry of Health, there are still shortcomings in the health services and medical care
provided in detention centres. Lastly, the Committee expresses its concern at complaints
regarding the invasive and humiliating search procedures to which visitors, in particular
women, are subjected (arts. 2, 11 and 16).
26.
The State party should:
(a)
Step up efforts to alleviate overcrowding in prisons, in particular by the
use of alternatives to custodial sentences, and continue the work of improving existing
prison facilities;
GE.17-00413
5