Ecuador: CAT scrutinises the state of emergency imposed amid the prison crisis

The country rapporteurs were Mr. Jorge Contesse and Mr. Erdogan Iscan.

The country delegation was led by Mr. José Suing, President of the National Court of Justice of Ecuador.

Main issues discussed:

The consideration briefing chiefly addressed the serious prison crisis in Ecuador, exacerbated by inter-prisoner violence, murders, organized crime, prison riots, and overcrowding. The Committee expressed significant concerns about the State’s decree announcing a state of emergency since January and Ecuador’s use of armed forces and numerous human rights violations inside the prisons. Reiterating Ecuador’s obligation as a guarantor to prisoners responsible for their safety and security, the CAT experts looked into investigations that have taken place and what measures the State had adopted to prevent acts of violence within prisons and accountability mechanisms for the armed forces.

The Committee also raised issues concerning the financial and functional independence of the judiciary and the safety of judges, prosecutors, and legal experts. Plans were discussed to implement recommendations such as disciplinary measures and security protections.

Cases of femicide and widespread sexual violence were also raised by CAT experts. 64% of sexual violence and abuse victims drop their complaints, leading the Committee to question Ecuador’s efforts to promote or support victim’s complaints, as States should do.

Finally, Ecuador was urged to revise its penal code so that acts of torture are properly criminalized and not only when it is part of a generalized or systematic attack, and so that acts of torture are properly covered under crimes that are not bound by statute of limitations.

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The CAT’s recommendations are available here.

Follow-up recommendations:

The State party should provide information by 26 July 2025 on the implementation of recommendations regarding:

• Ecuador’s comprehensive plan to address the current penitentiary crisis, including measures to investigate cases of violence and deaths in prisons.

• Improvement of conditions in detention, and in particular regarding the implementation of the public policy on social rehabilitation

• Decriminalization of abortion

Watch here (part one and part two) of the dialogue with the CAT.

Read our alternative report to the CAT (in Spanish)