Ecuador

Section 1. Respect for the Integrity of the Person, Including Freedom from:

There were no reports the government or its agents committed arbitrary or unlawful killings.

On July 3, the National Assembly announced the creation of a temporary committee to investigate the conclusions reached by a 2012 government panel convened by former president Correa to investigate the 2010 killing of air force general Jorge Gabela. The panel had concluded the act was perpetrated by “common criminals” and was not part of a larger plot. General Gabela was an outspoken critic of the Correa administration’s plan to purchase Indian-made Dhruv helicopters in 2007 and 2008. Multiple Dhruv helicopters crashed due to mechanical failure, killing several persons.

There were no reports of disappearances by or on behalf of government authorities.

On July 3, the National Court of Justice ordered former president Rafael Correa’s pretrial detention and extradition after he failed to appear before the court in Quito, as required under the terms of the court’s June 18 decision to include him in the investigation of the 2012 kidnapping of former opposition legislator Fernando Balda. On November 7, the court ordered Correa, his top intelligence chief, and two former police agents to stand trial. Since the crime of kidnapping cannot be tried in absentia, proceedings against Correa were suspended until his return to the country, either voluntarily or by extradition. Correa continued to live in Belgium at year’s end and contested the court’s decision.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the law prohibits torture and similar forms of intimidation and punishment, there were a few reports police officers and prison guards tortured and abused suspects and prisoners.

On November 14, the Criminal Court of Azuay Province found 37 police officers guilty of the excessive use of force against inmates during a 2016 raid on Turi prison and sentenced them to 106 days in prison. The court also fined the officers $500 each (the official currency is the U.S. dollar) and ordered the state to provide medical and psychological services to the affected prisoners. The court found four police officers not guilty and allowed one to complete her sentence later due to health concerns.

In August nongovernmental organizations (NGOs) reported they continued to receive new allegations of torture involving inmates at Turi prison, separate from the 2016 case. Prisoners claimed they were tortured and subjected to other forms of degrading treatment, including arbitrary beatings, exposure to extreme temperatures, and electric shocks. The daily newspaper La Hora reported in August 2017 that a doctor confirmed a prisoner’s claims of torture and other forms of degrading treatment during an examination. The government continued to investigate these claims at year’s end.

Prison and Detention Center Conditions

Prison conditions were harsh due to food shortages, overcrowding, harassment by security guards against prisoners and visitors, physical and sexual abuse, and inadequate sanitary conditions and medical care.

Physical Conditions: The 2016 earthquake, which damaged the penitentiary facility in the town of Portoviejo, exacerbated overcrowding in some prisons, causing relocation of prisoners to other facilities that were already over capacity. In an August 23 article in the daily newspaper El Comercio, Rosana Alvarado, then minister of justice, human rights, and worship, reported the prison population was 37 percent above designated capacity.

Prisoners and human rights activists complained of lack of resources for inmates. Relatives of the inmates reported public officials expected prisoners to buy provisions from the prison centers on a monthly basis and that prison officials did not allow families of inmates to provide basic supplies purchased outside the prison, including clothing and toiletries.

In some facilities health measures were sufficient only for emergency care. Prisoners complained of a lack of medicine and access to dental care; harsh living conditions, including sanitary problems; insufficient food and the poor nutritional quality of the food; and lack of heating and hot water.

Protecting the health and safety of prisoners remained a problem. NGOs expressed concern about mixing prisoners from various criminal gangs in prison units. On March 9, then justice minister Alvarado opened an investigation into the shooting of an inmate in Turi prison two days earlier during an arms control operation carried out by the police intelligence unit. The Ecumenical Commission for Human Rights, a local NGO, reported that as of August 22, it had received information concerning deaths due to prisoner-on-prisoner violence.

On February 15, a preliminary trial hearing was held on the 2017 allegations regarding a criminal extortion network at the Turi prison. Public Prosecutor Maria Belen Corredores accused the former director of Turi prison and two inmates of running a network that extorted at least 67 individuals inside the prison. Former minister of interior Diego Fuentes reported in 2017 that a criminal network in Turi prison had extorted relatives of inmates by demanding payments between $200 and $800 in exchange for the inmates’ physical safety. According to local NGOs, prison authorities threatened family members of prisoners who died or suffered serious injuries to prevent them from making public complaints.

On August 6, human rights activist Anunziatta Valdez reported female visitors to prisons continued to be subject to degrading treatment, including being forced to remove their clothing and have their genitalia illuminated by flashlights, despite 2016 guidelines that prohibit bodily searches of visitors and allow the use of body scanners. While law enforcement officials denied the accusations by Valdez, they noted body scanners might not be working in all prisons.

As part of a government reorganization and downsizing plan to reduce public spending, in August the government announced the elimination of the Ministry of Justice, Human Rights, and Worship, whose responsibilities in prison administration were to be transferred to another entity. In October Minister of Interior Maria Paula Romo announced a technical secretariat would assume responsibility for managing the prison system within 90 days of the signing of a new decree in November.

Administration: Authorities sometimes conducted proper investigations of credible allegations of mistreatment. Public defenders assisted inmates in filing complaints and other motions. Some prisoners remained incarcerated after completing their sentences due to bureaucratic inefficiencies and corruption.

Independent Monitoring: NGOs continued to report restrictions to monitoring by independent nongovernmental observers. According to the human rights NGO Permanent Committee for the Defense of Human Rights, authorities failed to respond to many requests by independent observers to visit prisons.

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, but there were reports that provincial and local authorities did not always observe these provisions. According to NGOs, illegal detentions continued to occur during the year.

ROLE OF THE POLICE AND SECURITY APPARATUS

The National Police maintains internal security and law enforcement and is under the authority of the Ministry of the Interior. The military is under the supervision of the Ministry of Defense and is responsible for external security. The military also had some domestic security responsibilities until August 1, when the Constitutional Court repealed a 2015 constitutional amendment authorizing the armed forces to provide comprehensive support to the domestic security of the state. Police and military share responsibility for border enforcement. Migration officers are civilians and report to the Ministry of Interior. The Internal Affairs Unit of the National Police investigates killings by police and can refer cases to the courts. An intelligence branch within the military has a role similar to the police internal affairs unit. The law states that the State Prosecutor’s Office must be involved in all investigations concerning human rights abuses, including unlawful killings and forced disappearance.

Insufficient training and poor supervision continued to impair the effectiveness of the National Police. Civilian authorities maintained effective control over police and the armed forces. The government has mechanisms as outlined in the constitution to investigate and punish abuse and corruption.

Police received required human rights instruction in basic training, after promotions, and in training academies for specialized units. The police academy integrated human rights training throughout a four-year training program for cadets.

ARREST PROCEDURES AND TREATMENT OF DETAINEES

The law requires authorities to issue specific written arrest orders prior to detention, and a judge must charge a suspect with a specific criminal offense within 24 hours of arrest. Authorities generally observed this time limit, although in some provinces initial detention was often considerably longer. Detainees have the right to be informed of the charges against them. By law, if the initial investigation report is incriminating, the judge, upon the prosecutor’s request, may order pretrial detention. Judges at times ordered a detainee’s release pending trial with the use of ankle bracelets.

Detainees have a constitutional right to an attorney. Those without financial means to pay for an attorney have the right to request a court-appointed attorney from the Public Defenders’ Office. Although there were many available court-appointed defenders, the number of cases and limited time to prepare for the defense continued to represent a disadvantage during trials.

The law entitles detainees prompt access to lawyers and family members, but NGOs continued to report delays depending on the circumstances and the willingness of local courts and prison guards to enforce the law.

Pretrial Detention: Corruption and general judicial inefficiency caused trial delays. Police, prosecutors, public defenders, and judges did not receive adequate training. In September 2017 then justice minister Alvarado reported that 36 percent of inmates awaited sentencing. The length of pretrial detention did not usually exceed the maximum sentence for the alleged crime.

While the constitution provides for an independent judiciary, outside pressure and corruption impaired the judicial process. Legal experts, bar associations, and NGOs reported on the susceptibility of the judiciary to bribes for favorable decisions and faster resolution of legal cases. In April the independent Transition Council on Citizen Participation and Social Control (T-CPCCS) began its evaluation of judicial entities, as mandated by a February 4 national referendum. On June 4 and August 31, respectively, the T-CPCCS announced a unanimous decision to remove the leading members of the Judicial Council and Constitutional Court from their positions for failing to carry out their duties and responsibilities. The T-CPCCS cited examples of the arbitrary appointment and removal of judges based on political criteria.

On September 30, media reported 222 individuals had been found guilty of charges stemming from their involvement in the 2010 protest, known as 30-S, against austerity measures imposed by former president Correa’s government. Seventy-four investigations of law enforcement and military officers continued. On February 20, law enforcement and military officers previously indicted for participating in 30-S demanded an investigation into former government and intelligence officials whom they accused of manipulating and altering evidence during their trial preparation. This request followed public statements made by the former comptroller, General Carlos Polit, that officials had contracted “services” to alter evidence in the 30-S investigations. The families of the five persons killed during 30-S (two police officers, two military members, and a university student) continued to demand the government provide them full access to information and conduct a transparent investigation.

TRIAL PROCEDURES

The law provides for the right to a fair and public trial, although delays occurred frequently. The law presumes defendants innocent until proven guilty. Defendants have the right to be informed promptly of the charges in detail. The accused have the right to consult with an attorney or to have one provided and to appeal. Defendants have the right to free assistance from an interpreter, but some defendants complained about the lack of an interpreter at court hearings. Defendants have the right to adequate time and resources to prepare their defense, although in practice this was not always the case, and delays in providing translation services made this difficult for some foreign defendants. Foreigners also often faced a language barrier with their public defenders, which impaired their ability to present a defense. Defendants have the right to be present at their trial. The accused may also present evidence and call witnesses, invoke the right against self-incrimination, and confront and cross-examine witnesses.

Judges reportedly rendered decisions more quickly or more slowly due to political pressure or fear in some cases. There were reported delays of up to one year in scheduling some trials.

Criminal justice reforms aimed at reducing congested dockets in criminal cases produced “simplified” proceedings in pretrial stages, resulting in faster resolution of cases. Prisoners reported that after cases reached a higher court, they had lengthy delays in receiving dates for preliminary hearings.

The regular court system tried most defendants, although some indigenous groups judged members independently under their own community rules for violations that occurred in indigenous territory.

POLITICAL PRISONERS AND DETAINEES

There were no reports of political prisoners or detainees.

CIVIL JUDICIAL PROCEDURES AND REMEDIES

Civil courts and the Administrative Conflicts Tribunal, generally considered independent and impartial, handle lawsuits seeking damages for, or immediate ending of, human rights violations. Individuals and organizations may appeal adverse decisions domestically and to regional human rights bodies.

The law prohibits such actions, and there were no reports the government failed to respect these prohibitions.

On March 19, President Moreno announced the National Secretariat of Intelligence would be restructured and renamed in response to criticism that it had engaged in physical surveillance of human rights, environmental and labor activists, and opposition politicians during the Correa administration. On September 21, President Moreno issued a decree establishing the Center for Strategic Intelligence to oversee and coordinate the production of intelligence information that contributes to the public security of the state.

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