without charge. There were two main types of remedies to combat arbitrary detention: constitutional habeas corpus, which protected the fundamental rights of the individual, and judicial habeas corpus, which enabled a detainee to challenge the legality of his detention in a higher court. The reforms under way would make it possible to prevent arbitrary or illegal detention on the basis of an administrative decision or political considerations in the future and permit full respect for liberty and security of the person, as set forth in the Covenant. 242. Members of the armed forces were by no means subjected to forced labour, but, traditionally, the army had always cooperated in the economic and social development of the country. The Labour Code did not apply to them and they were governed solely by military laws. Labour was not compulsory in Ecuadorian prisons and the activities available to the detainees were extremely varied. Each individual was paid for his labour and received training in preparation for reintegration into society. Right to a fair trial 243. In connection with that issue, members of the Committee wished to know what efforts had been made to abide by the principles embodied in article 14 of the Covenant and to put them into practice; what guarantees were available for defendants and their counsel; whether there was any special court in Ecuador and, if so, what role and jurisdiction it had; how the independence and impartiality of the judiciary were guaranteed; whether it was prohibited to compel a person to testify against himself; and whether there was a legal aid or advisory scheme in Ecuador and, if so, how it operated. 244. In his reply, the representative of the State party said that much still remained to be done in Ecuador to ensure the complete independence of the Court of Constitutional Guarantees, especially in cases of conflict between the executive and the National Congress, but a process to rectify that shortcoming had already started. Furthermore, a tradition of discrimination against the poor and indigenous populations still hampered the course of justice. A bill providing for the appointment of indigenous justices of the peace and justices with special responsibility for matters affecting inhabitants of the poor and disadvantaged urban areas was under consideration. 245. With regard to the rights of defendants, new regulations had been established according to which detainees were entitled to free legal consultations. Legal counsel could go directly to the prisons to consult with them and thus facilitate the settlement of cases. According to the Constitution, it was expressly forbidden to compel a person to testify against himself. The armed forces had special courts to deal with offences committed by the military in the exercise of their duties. Freedom of movement and expulsion of aliens, freedom of religion and expression and freedom of, assembly and association 246. Referring to those issues, members of the Committee wished to receive information on relevant provisions regarding applications for passports, costs incurred in obtaining a passport and possible grounds of refusal to issue a passport, including possibilities of appeal; on the remedies against an expulsion order; on the forms of worship considered as detrimental to public -56-

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