"Notwithstanding the foregoing, since it is the basic policy of the
Ecuadorian Government to monitor the application of and respect for human
rights, especially by the law enforcement authorities, a thorough and
meticulous investigation of the act has been conducted which has led to
the conclusion that there were indeed administrative and procedural
irregularities in the expulsion of the Colombian citizen, a fact which
the Government deplores and has undertaken to investigate in order to
punish the persons responsible for this situation and to prevent the
recurrence of similar cases in the country.
"Moreover, it should be pointed out that, in compliance with clear
legal provisions emanating from international agreements and national
legislation, Ecuador is conducting a sustained and resolute struggle
against drug trafficking which, on this occasion, regrettably caused
police officers to act with a degree of severity that went beyond their
instructions and responsibilities. In any event, acts such as this are
certainly not consistent with the Government's policies and actions which
are in fact directed towards assuring respect and observance of the human
rights and fundamental freedoms of the individual, whether he is a
national or a foreigner, while at the same time, ensuring public order
and, in this specific case, meeting the Government's concern to maintain
such an especially valuable asset as social peace and its obligation to
combat drug trafficking with every legal means available to it in order
to avoid situations which would be regrettable and which are occurring in
a number of countries in the region and adjoining Ecuador.
"The Government will communicate the relevant information on the
measures taken to punish the persons responsible for this act."
4.2
The Committee welcomes the frank cooperation of the State party.
Issues and proceedings before the Committee
5.1 On 18 October 1990, the Committee declared the communication admissible
inasmuch as it appeared to raise issues under articles 7, 9 and 13, in
conjunction with article 2, of the Covenant. With respect to the reguirement
of exhaustion of domestic remedies, the Committee found that, on the basis of
the information before it, there were no domestic remedies that the author
could have pursued. The Committee further observed that several of the
author's allegations appeared to be directed against the authorities of the
United States, and deemed the relevant parts of the communication
inadmissible, since the United States had not ratified, or acceded to, the
Covenant or the Optional Protocol. Inasmuch as the author's claim under
article 17 of the Covenant was concerned, the Committee found that
Mr. Canon Garcia had failed to substantiate sufficiently, for purposes of
admissibility, his allegation.
5.2 As to the merits, the Human Rights Committee notes that the State party
does not seek to refute the author's allegations, in so far as they relate to
articles 7, 9 and 13 of the Covenant, and that it concedes that the author's
removal from Ecuadorian jurisdiction suffered from irregularities.
6.1 The Human Eights Committee, acting under article 5/ paragraph 4, of the
Optional Protocol to the International Covenant on Civil and Political Rights,
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