Amnesty International Report 2006 - Ecuador

The independence of the judiciary was threatened by the sacking of Supreme Court judges. There were clashes between demonstrators and the security forces during protests in the capital, Quito, in April, and the provinces of Sucumbíos and Orellana in May and August. Critics of the government were threatened. Cases of torture and ill-treatment by the police continued to be tried in police courts.

Background

The political atmosphere remained unstable. Following public protests over interference in the appointment of Supreme Court judges, first by Congress and later by President Gutiérrez, Congress ousted and replaced the President on 20 April. In October, when he returned from Colombia, he was arrested and charged with corruption and undermining the security of the state.

The number of refugees fleeing the internal armed conflict in Colombia grew, asylum applications reportedly reaching 20,000 by October. Colombian state forces and armed opposition groups reportedly entered Ecuador's increasingly militarized border areas.

The appointment of the Human Rights Ombudsman in July was criticized by human rights defenders for apparently flouting procedures aimed at ensuring the involvement of civil society. The candidate supported by civil society organizations was denied the opportunity to be considered for the position.

Judicial independence attacked

In March, the UN Special Rapporteur on the independence of judges and lawyers said that the replacement by Congress of most Supreme Court judges in December 2004 had been unconstitutional. Also in March, the new Court withdrew corruption charges against three former heads of state in a move that appeared to favour their political affiliations. In April, President Gutiérrez sacked the Court in an attempt to avert an impending constitutional crisis. A new Court was appointed at the end of November.

Attacks on human rights defenders

There were continued reports of individuals working to protect human rights, and people who criticized the authorities, being threatened and harassed.

• In July, María Teresa Cherres Mesías, a community leader from Orellana province, was threatened and intimidated apparently because of her work defending the labour rights of oil company workers in the region.

Ill-treatment of oil protesters

In May and August, the government declared a state of emergency in response to demonstrations, strikes and occupations in the provinces of Sucumbíos and Orellana. Protesters were demanding greater local investment of revenues from oil exploitation in the area. Amid reports of violence by protesters, dozens of people, including minors, were detained by police, and some were reportedly ill-treated in custody. No investigation was opened.

Torture and impunity

In November the UN Committee against Torture expressed concern at the high level of allegations of torture and ill-treatment, including of indigenous peoples, women, and lesbian, gay, bisexual and transgender people. The Committee expressed serious concern that complaints of human rights violations by the security forces continued to be tried in police and military courts, which were neither independent nor impartial.

• On 2 February, Juan Carlos Pesantes Umatambo was detained at a police roadblock for not carrying identity papers, and reportedly forced to strip, hosed with cold water and beaten with a metal bar. An investigation was opened in a civil court, and the judge ordered the arrest of a police officer. However, a parallel investigation was conducted in a police court. The arrested officer was remanded in police, not prison, custody. Reportedly, none of the other officers accused of involvement was suspended from duty. By the end of 2005 no decision had been made as to whether the civil or police court would be granted jurisdiction over the case.

Economic, social and cultural rights

Many women and children from marginalized communities still did not have access to health care guaranteed them under 1998 legislation. In some provinces, health centre and hospital staff were reportedly not even aware of the legislation.

Children

In June, the UN Committee on the Rights of the Child expressed concern at continued discrimination against indigenous and Afro-Ecuadorian people, including children; the limited enjoyment of the rights to education and health by poor indigenous children; the lack of policies on widespread abuse and violence within the family; and the high levels of child labour and commercial sexual exploitation of children.

AI country visits

AI delegates visited Ecuador in February.