Treatment of prisoners and other detainees and liberty and security of the
person
237. With regard to that issue, members of the Committee wished to receive
information on the results of the campaign waged to make the armed forces and
the police aware o£ the obligation to respect the human rights of persons
under arrest or investigation; on recent allegations of torture and illtreatment of persons arrested or detained on criminal charges; and on the
nature of complaints received and any action taken thereon by the Court of
Constitutional Guarantees in the period under review. They also asked how
many persons, if any, had been tried and sentenced under the provisions of
articles 187, 204, 205 and 206 of the Penal Code during the reporting period.
With reference to persons having been held unlawfully because the time-limits
laid down by law had expired, members of the Committee wished to receive
information on the number of detainees involved, the length of their unlawful
detention, and on the provisions that had been made for compensation. They
also wished to receive additional information on a case of arbitrary or
unlawful detention mentioned in the report.
238. In addition, in the light of a report by the International Labour
Organisation <IL0) concerning the application of ILO Conventions in Ecuador,
clarification was sought of the possibility for members of the armed forces to
undertake activities within the framework of development programmes involving
both military and civilian personnel. Information was also requested
concerning legislative provisions that seemed to authorize incommunicado
detention during the first 24 hours of detention and on regulations governing
work by prisoners.
239. In his reply, the representative of the State party said that^the
campaign aimed at promoting human rights among the general public, and in
particular the members of the armed forces and the police, had yielded verypositive results. The Ecuadorian Human Rights Commission had taken an active
part in that campaign and basic materials, such as a manual on human rights
for use by police officers, had been published and widely disseminated.
Furthermore, nearly two thirds of the prison guards had taken a course on how
to respect the dignity of prisoners.
240. Concerning allegations of torture and ill-treatment, the representative
emphasized that the authorities had duly examined all cases submitted to them,
particularly those submitted by the Special Rapporteur of the Commission on
Human Eights and by non-governmental organizations. The cases of 270 police
officers who had allegedly tortured detainees had been referred to the
competent authorities. A new department had also been set up under the
Ministry of Justice and had made a study of the complaints of abuse of powers
and corruption by members of the police force, which were expected to lead to
administrative penalties.
241. With regard to remand in custody and detention pending trial, the
representative pointed out that no one could be detained for more than 24
hours without being brought before a judge. There had, however, been
countless cases of arbitrary and unduly prolonged detention. A new department
had been set up within the framework of the Ministry of Justice in order to
put an end to abuses in that area. Following the establishment of that
department there had been a sharp decline in the number of persons detained
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