initial reports of States parties and ~id not provide the text of national
legislative provisions relevant to the implementation of the Convention.
121. With regard to the general legal framework in which the Convention was
implemented in Ecuador. members of the Committee observed that clear and
comprehensive information was necessary on how international instruments were
incorporated into Ecuadorian law and on whether Ecuadorian legislation
contained provisions of wider application than those contained in the
Convention. In addition. detailed information was necessary on the structure
of the judiciary in Ecuador. the procedures existing in the country permitting
applications for redress. the functioning and impact of the Tribunal of
Constitutional Guarantees. the organization and scope of educational and
information activities relating to the fight against torture and on the
mandate and functioning of the Special Commission of Inquiry. Members of the
Committee also wished to know whether the provisions of the Convention could
be applied directly; whether remedies or rehabilitation programmes existed.
and what the actual situation was with regard to the practical implementation
of the Convention and in respect of the difficulties affecting the fulfilment
of Ecuador's obligations thereunder.
122. In that connection. members of the Committee noted that they had received
information on allegations of torture in Ecuador from various non-governmental
organizations and requested detailed information especially on events that had
occurred in January and March 1990. in connection with which a prison governor
had publicly denounced the Criminal Investigation Department for torturing
prisoners. They also asked what remedial action had been taken by the
Ecuadorian Government to improve the situation.
123. Referring to specific articles of the Convention. members of the
Committee wished to know whether the definition of torture contained in
article 1 of the Convention was fully covered in Ecuadorian law and whether
acts of torture were identified and dealt with in Ecuador's Penal Code and
Code of Criminal Procedure. as required by article 4 of the Convention.
124. In connection with article 2 of the Convention. members of the Committee
stated that the adoption by States parties of measures to prevent acts of
torture were extremely important. Ouestions relating to authority to arrest.
the duration of pre-tria1 detention. the rules governing incommunicado
detention. the guarantee of medical examinations and. in general. issues of a
practical. procedural and functional nature should therefore have been
reported on in far greater detail. The relationship in such matters between
the authority of police officers and that of magistrates or judges also needed
to be clarified.
125. Clarification wa~ also requested as to whether the Aliens Act and the
Regulations on Aliens satisfied the requirements of article 3 of the
Convention and whether the provisions of title I. article 5. of the Ecuadorian
Penal Code and article 3 of the Ecuadorian Code of Criminal Procedure
satisfied the requirements of article 5 of the Convention.
126. In addition. members of the Committee observed that more detailed
information with regard to articles 6 to 15 of the Convention was necessary to
understand how their provisions were actually implemented. They stressed the
need to receive. in particular. factual information on important issues such
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