conclusion that he was subjected to treatment
prohibited under article 7 of the Covenant, and
that he was not treated with respect for the
inherent dignity of his person, in violation of
article 10, paragraph 1.
that he was denied access to a lawyer after his
arrest, (c) under article 14, paragraph 3(g), that
he was forced to sign blanco confessions, and
(d)that his indictment in January 1987
corresponded to the same offence for which he
had already been tried and convicted, which
appeared to raise issues under article 14,
paragraph 7.
6.3
In respect of the authors’ claim of a
violation of article 9, paragraph 1, the Committee
lacks sufficient evidence to the effect that Mr.
Terán’s arrest was arbitrary and not based on
grounds established by law. On the other hand,
the Committee notes that Mr. Terán was kept in
detention on the basis of a second indictment,
subsequently quashed, from 9 March 1987 until
18 March 1988. In the circumstances, the
Committee finds that this continuation of his
detention for one year following the release order
of 9 March 1987 constituted illegal detention
within the meaning of article 9, paragraph 1, of
the Covenant. Moreover, Mr. Terán has claimed
and the State party has not denied that he was
kept incommunicado for five days without being
brought before a judge and without having access
to counsel. The Committee considers that this
entails a violation of article 9, paragraph 3.
5.3
On 4 July 1990, therefore, the
Committee
declared
the
communication
admissible in so far as it appeared to raise issues
under articles 7, 9, 10 and 14 of the Covenant.
5.4
The State party did not reply to the
Committee’s request for information and
observations, in spite of a reminder addressed to
it on 29 July 1991.
6.1
The Committee has considered the
communication in the light of all the information
made available by the parties, as required under
article 5, paragraph 1, of the Optional Protocol.
Concerning the substance of the authors’
allegations, the Committee notes with concern
that the State party has confined itself to
statements of a general nature, by categorically
denying that the author was at any time subjected
to ill-treatment, and by asserting that the
proceedings complied with the requirements of
Ecuadorian law. Article 4, paragraph 2, of the
Optional Protocol enjoins a State party to
investigate in good faith all the allegations of
violations of the Covenant made against it and its
judicial authorities, and to furnish the Committee
with sufficient detail about the measures, if any,
taken to remedy the situation. The dismissal of
the allegations in general terms, as in the present
case, does not meet the requirements of article 4,
paragraph 2. In the circumstances, due weight
must be given to the authors’ allegations, to the
extent that they have been substantiated.
6.4
With regard to Mr. Terán’s contention
that the State party violated article 14,
paragraph 7, of the Covenant, because he was reindicted for the same events that had been the
basis of his first trial and conviction, the
Committee notes that article 14, paragraph 7,
proscribes re-trial or punishment for an offence
for which the person has already been convicted
or acquitted. In the instant case, while the second
indictment concerned a specific element of the
same matter examined in the initial trial,
Mr. Terán was not tried or convicted a second
time, since the Superior Court quashed the
indictment, thus vindicating the principle of ne
bis in idem. Accordingly, the Committee finds
that there has been no violation of article 14,
paragraph 7, of the Covenant.
6.2
Mr. Terán has claimed that he was
subjected to torture and ill-treatment during
detention, which included remaining shackled
and blind-folded for five days; the State party
dismisses this claim. The Committee notes that
Mr . Terán has submitted corroborative evidence
in support of his allegation: the medical report,
prepared on 13 March 1986, i.e. shortly after his
arrest, records haematomas and numerous skin
lesions (“escoriaciones”) all over his body.
Moreover, the author has submitted that he was
forced to sign more than ten blank sheets of
paper. In the Committee’s opinion, this evidence
is sufficiently compelling to justify the
7.
The Human Rights Committee, acting
under article 5, paragraph 4, of the Optional
Protocol to the International Covenant on Civil
and Political Rights, is of the view that the facts
before it disclose violations of articles 7, 9,
paragraphs 1 and 3 and 10, paragraph 1, of the
Covenant.
8.
The Committee is of the view that Juan
Fernando Terán Jijón is entitled to a remedy,
including appropriate compensation. The State
party is under an obligation to investigate the use
to which the more than ten sheets of paper signed
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