CAT/C/ECU/CO/4-6
(c)
The approval of the Criminal Code Reform Act (Act No. 2005-2, Official
Gazette No. 45 of 23 June 2005), which defines and punishes the offence of sexual
exploitation of minors;
(d)
The publication, on 7 June 2010, of the final report of the Truth Commission,
giving the results of its investigations into the human rights violations that have occurred in
Ecuador, mainly during the period between 1984 and 1988.
8.
The Committee is pleased to note that the State party has admitted tens of thousands
of refugees and asylum-seekers, mostly Colombians fleeing from the armed conflict in their
country. The State party estimates that there are some 135,000 persons in need of
international protection who are present in the country, and had granted refugee status to
over 45,000 by 26 November 2009.
9.
The Committee is grateful that the State party maintains an open invitation to all
special procedure mandate holders of the Human Rights Council. Since consideration of the
State party’s previous report, Ecuador has received the visits of seven special rapporteurs
and working groups of the Council.
C.
Principal subjects of concern and recommendations
Definition and offence of torture
10.
While noting that the 2008 Constitution, in article 66, paragraph 3 (c), prohibits
torture and cruel, inhuman and degrading treatment or punishment, the Committee regrets
that the offence of torture as defined in article 1 of the Convention (arts. 1 and 4) has not
yet been entered in the State party’s Criminal Code.
The Committee reiterates its earlier recommendation (CAT/C/ECU/CO/3, para. 14)
that the State party should ensure that torture is considered an offence in its domestic
law and should adopt a definition of torture that includes all the elements contained in
article 1 of the Convention. The State party should also ensure that such offences are
made punishable by appropriate penalties which take into account their grave nature,
in accordance with article 4, paragraph 2, of the Convention.
Guarantees of due process
11.
The Committee welcomes the measures adopted by the State party to ensure
compliance with due process in accordance with article 77 of the Constitution. The rules
adopted include the right for all detainees to obtain immediate access to a counsel and to
undergo a medical examination, to contact a family member or any person of their choice,
to be informed of their rights at the time of their arrest, and to appear before a judge within
the time prescribed by law. In this respect, the Committee is concerned at the State party’s
statement in its report (para. 85) that “before being taken to a prison facility or police cell,
arrested persons are seen by the duty doctor or whoever is standing in for the duty doctor at
a health clinic operated by the National Police or Office of the Public Prosecutor”. The
Committee notes the reference by the State party’s delegation to the shortage of
independent forensic experts (arts. 2 and 11).
The State party should guarantee the right of persons held in police custody to have
access to an independent medical examination.
Protection of forensic physicians and other human rights defenders
12.
The Committee is appalled at and most vehemently condemns the murder on 6 July
2010 of Dr. Germán Antonio Ramírez Herrera, forensic expert specializing in the
investigation of cases of torture and summary executions. According to reports, Dr.
GE.11-40392
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