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Cablegate: Un Criticizes Ecuador's Human Rights Record

This record is a partial extract of the original cable. The full text of the original cable is not available.

302230Z Nov 05

UNCLAS SECTION 01 OF 02 QUITO 002725

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: PGOV PINR PREL PHUM EC
SUBJECT: UN CRITICIZES ECUADOR'S HUMAN RIGHTS RECORD


1. (SBU) Summary: The UN Committee Against Torture, which
oversees countries' compliance with the Convention Against
Torture, recently publicly announced that Ecuador needs to
adopt a clear definition of the crime of torture and ensure
investigation and punishment for acts of torture. The report
of the UN committee also found that vulnerable groups in
Ecuador did not receive sufficient protections against
torture. The UN committee noted that there was a tendency to
reject habeas corpus and criticized extensive periods of
detention of prisoners before conviction and sentencing. The
GOE weakly replied that it has been implementing its human
rights plan and training security forces and others in human
rights, however there is currently no rehabilitation program
for victims of torture. As part of our human rights
promotion efforts, we will encourage Congress to address
legislative gaps to sanction torture here. End Summary.

2. (U) The president of the UN Committee Against Torture
reported on November 11 that Ecuador's legislation does not
meet standards set within the UN's Convention Against
Torture. The committee had reviewed a GOE report to the
committee, as well as an alternative report submitted by
human rights NGOs CEDHU, INREDH, and others. Ecuador was
given one year to report back to the committee on advances
made on some of the committee's recommendations.

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Impunity for HR Violators
-------------------------

3. (U) The UN reports that violators of human rights in
Ecuador are often penalized with only a fine, receiving no
further sanctions. The committee, composed of ten experts
from various countries, recommended that Ecuador take action
to eliminate immunity for those who commit torture. The
committee also found that vulnerable groups such as
indigenous, sexual minorities, women, and refugees were not
sufficiently protected against torture. The UN committee
recommended that Ecuador adjust its law to include all acts
that can be defined as torture with clearly defined sanctions
for each, that it guarantee indemnity for victims of torture,
and that military and police tribunals be absorbed by civil
courts.

Legislation Needed
------------------

4. (U) Cesar Duque of human rights NGO CEDHU told PolOff on
November 28 that Ecuador needs to pass a number of laws to
conform with stricter standards against torture stipulated in
the 1998 constitution and the Convention Against Torture. A
bill, submitted in 2004 by former PRE party deputy Maria
Augusta Rivas, would reform the penal code to bring Ecuador
into compliance with the Convention against Torture, but did
not get beyond the first debate due to a general lack of
interest. Ecuador's penal code currently does not include
specified sanctions for all the defined acts of torture
within the Convention Against Torture.

Detention and Prison Conditions
-------------------------------

5. (U) The UN reported that there is a tendency to reject
habeas corpus. The committee asked Ecuador to guarantee
persons detained by police to right to inform and relative
and to consult a freely chosen lawyer and doctor. The UN
committee noted an increase in the use of extended detention
("detencion en firme") which they found caused overpopulation
of prisons and violated the right to a free and fair trial.
A law on extended detention passed in 2003, allows prisoners
to be detained indefinitely for certain crimes after
indictment but before conviction or sentencing. The law
contradicts the constitution which states that a person
cannot be held in preventive detention for more than a year.
The National Social Rehabilitation Board which runs Ecuador's
prisons reported that between 2003 and 2005, 2,348 prisoners
were held under extended detention, not including those held
in the Ecuador's two largest cities, Quito and Guayaquil.
The committee recommended legislative advances to shorten the
length of preventative prison, and to eliminate the use of
extended detention.

6. (U) Prison overpopulation and the accumulation of
unresolved court trials were also noted. The committee
referred to the NGO report which stated that only in
Pichincha province, there were 390,000 trials pending.
Currently, over 60 percent of prisoners nationwide have not
been sentenced.

GOE Implements National HR Plan
-------------------------------

7. (U) The UN committee commended Ecuador for having a
national human rights plan. The plan, which the GOE began
implementing in 1998, aims to build awareness in the various
social sectors of the importance of preventing, eradicating,
and sanctioning human rights violations. In its report, the
GOE claimed that between 1999-2003 it had trained 35 prison
directors, 55 doctors, 49 psychologists, 42 social workers,
and 334 prison guards in human rights and UN principles
regulating detention of prisoners. However, there is
currently no government program to rehabilitate victims of
torture.
Comment
-------

8. (SBU) We will be adding Convention Against Torture
legislation to our list of congressional priorities and will
begin raising the issue with the GOE. The UN statement will
bring added pressure for action on the issue.
BROWN

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