CAT/OP/ECU/2
shortcomings and the incidence of pulmonary and dermatological ailments among
persons deprived of their liberty in that centre, which would have served to
substantiate the mechanism’s findings and recommendations to the authorities. The
Subcommittee wishes to emphasize the importance of ensuring that the national
preventive mechanism team is multidisciplinary in nature.
After the visits
65. The Subcommittee noted with satisfaction that a report was prepared on each
visit to a centre of deprivation of liberty. The Subcommittee commends the national
preventive mechanism for having set up a protocol for the preparation of visit rep orts
which includes deadlines for submission of the reports to the authorities and allows
for follow-up visits.
66. The Subcommittee recommends that the national preventive mechanism
intensify its efforts to improve follow-up to its recommendations, in cooperation
with the relevant authorities. The Subcommittee also recommends that the reports
submitted to the authorities should emphasize the focus on prevention, which is a
central aspect of the national preventive mechanism’s mandate. This includes the
description of situations which, although seemingly or when taken in isolation do not
necessarily constitute torture or ill-treatment, if considered as a whole and sustained
over time could easily be regarded as such. In this connection, the Subcommittee
recalls that, at the international level, there is no list of behaviours that are considered
to amount to torture or ill-treatment. The forms of behaviour in question are so varied
and depend to such a great extent on the context in which they take place and t he state
of vulnerability in which the victims find themselves that it is impossible to define
them within more or less rigid categories that could in any way be considered to be
exhaustive.
IV. Final recommendations
67. The Subcommittee invites the national preventive mechanism to keep it
informed about the legislative process currently under way in regard to the Office
of the Ombudsman Organization Act and about any other significant new
developments relating to the national preventive mechanism so that the
Subcommittee may continue to assist the mechanism in fulfilling its obligations
under the Optional Protocol.
68. The Subcommittee is hopeful that its advisory visit and this report mark the
beginning of a constructive dialogue with the national preventive mechanism of
Ecuador that will contribute to the achievement of the shared objective of
preventing torture and other cruel, inhuman or degrading treatment or
punishment in places of deprivation of liberty.
69. The Subcommittee recommends that the national preventive mechanism
make this report public, as it considers that this would in itself constitute a
preventive measure, and requests that it be notified of the mechanism’s decision
in that regard.
70. The Subcommittee encourages the national preventive mechanism to review
and strengthen its working methods and to conduct ongoing training in order to
continue to build its capacity to fulfil its responsibilities under the Optional
Protocol.
71. The Subcommittee is aware that the national preventive mechanism of
Ecuador faces complex challenges at a time of multiple legal, institutional and
structural reforms. The Subcommittee nevertheless trusts that the national
GE.15-11962
15/20
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