Amnesty International Report 2000 - Ecuador

Head of state and government: Jamil Mahuad Witt
Capital: Quito
Population: 11.9 million
Official language: Spanish
Death penalty: abolitionist for all crimes
1999 treaty ratifications/signatures: Inter-American Convention to Prevent and Punish Torture

A state of emergency was imposed and in Guayas province remained in force for much of the year. During the state of emergency, hundreds of people were detained by the police and armed forces for not carrying their identity documents. There were reports of torture and ill-treatment and a number of people were reported to have been killed by the security forces in circumstances which suggested they were extrajudicially executed.

Background

Ecuador experienced an acute social, economic and political crisis in 1999. In March President Jamil Mahuad Witt announced a series of measures to improve the economic situation which led to economic paralysis and widespread protests. In July various sectors of civil society called for a national strike. In response the authorities decreed a national state of emergency which lasted nine days and was lifted after the government reached an agreement with unions which included reducing the price of petrol and other goods.

A state of emergency was declared in January in Guayas province as part of an attempt to control what the government called "a crime wave which puts at risk the life and property of the citizens"; it remained in force for most of the year.

In November the judicial system was brought to a halt when employees of the judiciary called a strike in protest at budgetary cutbacks. Prison employees also went on strike in November demanding higher wages.

Delays in bringing criminal suspects to trial continued. By the end of 1999 more than 500 people detained awaiting trial were released under provisions of the Constitution which allow judges to order the immediate release of all those detained for more than a year who have not been convicted, without prejudice to criminal proceedings against them.

Prison conditions remained harsh. Severe overcrowding and the lack of basic services in many facilities amounted to cruel, inhuman or degrading treatment. Scores of prisoners were killed as a result of violence by fellow inmates.

Violations under the state of emergency

During the state of emergency in Guayas province, hundreds of people were detained by the police and armed forces for not carrying their identity documents. Most were released after 48 hours on production of their identity documents and the payment of a fine. However, reports indicated that some were held without charge for longer if they were unable to produce their identity papers.

There were reports of torture and ill-treatment and a number of people were reported to have been killed by the security forces in circumstances which suggested they were extrajudicially executed.

• Victor Javier Icaza Olmedo was detained on 2 February outside his home in the city of Guayaquil by Navy and National Police officers on suspicion of having carried out a robbery three years earlier. The arrest was carried out without a judicial order. He was kicked and beaten with rifle butts while being taken to the San Eduardo Naval Base, and at the naval base he was struck in the chest and testicles. Two days later a judge ordered his release after the charges against him were dropped. He was released the following day without receiving medical attention.
• On 11 January Michael Zambrano Giler was reportedly shot dead by police in a suburb of Guayaquil. He was standing on a street corner with his brother and a group of friends when the police approached in a patrol car and asked them for their identity documents. Michael Zambrano's brother was detained because he could not produce his identity papers. When Michael Zambrano approached the patrol car to speak for his brother, the police apparently hit him in the face and then shot him in the back when he turned away.

Political killings, intimidation and harassment

Opposition and trade union activitsts and human rights defenders were harassed and intimidated; at least three were the victims of political killings.

• Three men – Jaime Hurtado Gonzalez and Pablo Vicente Tapia, members of parliament for the opposition Democratic Popular Movement, and Wellington Nazareno Borja, an assistant to Jaime Hurtado Gonzalez – were shot dead on 17 February near the National Congress in Quito. In the days prior to the killings, reports had circulated of a "death list" containing the names of 11 public figures who were apparently among a group of foreign nationals invited to a ceremony marking the opening of a "peace dialogue" in Colombia in January; Jaime Hurtado Gonzalez' name was believed to be on the list. The Ecuadorian government established an independent special commission to investigate the killings. However, the commission faced serious obstacles in conducting its work. For example, it was repeatedly denied access to the three people detained by police on suspicion of involvement in the killings. In November the Supreme Court of Justice ruled that the case should be heard before a civil court and not before a police tribunal, as had been demanded by the President of the Police Justice Court. Hearings had not started by the end of 1999.
• Human rights defender Alexis Ponce, whose name was also believed to be on the "death list", received threatening telephone calls the day after the assassination of Jaime Hurtado. He left Quito, but returned briefly in March to meet a National Police officer who reportedly informed him that those on the "death list" were being targeted by Colombian paramilitaries. However Alexis Ponce told the officer that it was possible that those involved in the killings were Ecuadorians rather than Colombians. For several days after this meeting, friends looking after Alexis Ponce's house received anonymous telephone threats and on 12 March his house was broken into.

Police brutality

There was continuing concern about deaths resulting from the use of firearms by the security forces in the context of anti-crime operations in circumstances suggesting the victims may have been extrajudicially executed.

• In February Pedro Baque and brothers Carlos and Pedro Jaramillo Mera were stopped by police officers in El Guabito, Portoviejo, Manabi province. Pedro Jaramillo was shot in the face and died instantly. Pedro Baque and Carlos Jaramillo were blindfolded and taken to an area of wasteland where Carlos Jaramillo was forced to confess to having killed a policeman a few days earlier. He was shot in the arm and mouth and his throat was slit. Pedro Baque was left for dead after being shot in the head. However, he survived and was put under military protection in case of retaliation from the police officers. Five policemen were charged with his attempted murder. However, the trial had to be abandoned as Pedro Baque refused to testify before a court in fear of his life.

AI country statement

• Ecuador: State of emergency cannot justify human rights abuses (AI Index: AMR 28/012/99)