CAT/C/ECU/CO/4-6
(b)
International Convention for the Protection of All Persons from Enforced
Disappearance (20 October 2009);
(c)
Convention on the Rights of Persons with Disabilities and its Optional
Protocol (3 April 2008).
6.
The Committee takes note of the efforts made by the State party to review its
legislation in order to meet the recommendations of the Committee and improve its
implementation of the conventions, including:
(a)
The entry into force, on 20 October 2008, of the new Constitution of the
Republic of Ecuador, which establishes the general framework for the protection of human
rights, mainly in its Title II (Rights), the observance of which is strengthened by article
11.3 on the direct and immediate applicability of the rights and guarantees established in
the Constitution and in international human rights instruments. The Committee welcomes
in particular the provisions on:
(i)
The prohibition of torture, enforced disappearance and cruel, inhuman and
degrading treatment or punishment (art. 66.3 (c));
(ii)
The inadmissibility of evidence obtained in violation of fundamental rights
(art. 76.4);
(iii) The incorporation of new legal procedures for the protection of human rights,
such as protective action (art. 88), habeas corpus (art. 89) and special protection
measures (art. 94);
(iv) The trial of members of the armed forces and the national police by the
judiciary (art. 160);
(v)
The establishment of the Office of the Ombudsman as an independent
judicial organ responsible for providing free legal aid to persons who cannot afford
the services of a counsel (art. 191).
(b)
Ruling No. 0002-2005-TC of the Constitutional Tribunal (now the
Constitutional Court), published in Official Gazette No. 382-S of 23 October 2006,
declaring the detención en firme procedure unconstitutional;
(c)
Ruling No. 0042-2007-TC of the Constitutional Tribunal, published in
Official Gazette No. 371 of 1 July 2008, declaring articles 145 and 147 of the National
Security Act, which allow the trial of civilians by military courts for acts committed during
states of emergency, unconstitutional; and the interpretative statement No. 001-08-SI-CC of
the new Constitutional Court, published in Official Gazette No. 479 of 2 December 2008,
confirming that the former military and police courts ceased to exist when the 2008
Constitution took effect.
7.
The Committee welcomes the efforts made by the State party to alter its policies and
procedures in order to ensure greater protection for human rights and apply the Convention,
in particular:
(a)
The adoption, on 8 May 2008, of Ecuador’s Refugee Policy, in which it
undertakes to meet the commitments assumed under the 1951 Convention relating to the
Status of Refugees, its 1967 Protocol, the 1984 Cartagena Declaration and the 2004 Mexico
Declaration and Plan of Action;
(b)
The adoption in 2006 of the national plan to combat human trafficking,
illegal trafficking of migrants, exploitation for sexual work or other purposes and
prostitution of women, children and adolescents, child pornography and the corruption of
minors;
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