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
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