A/HRC/4/40
page 16
China
27.
Following the Working Group’s visit to China, the Government informed the Group that
it had taken due note of its recommendations and that the relevant departments were studying
them carefully.
Ecuador
28.
Concerning the visits carried out during 2006, the Government of Ecuador reported that it
was working on the implementation of the Group’s recommendations. By Executive Decree
No. 1339 of 20 April 2006, it has established the Sub-Secretariat of Citizen Security, which will
have, as a main responsibility, to guarantee the respect of human rights of detainees through the
necessary coordination of the activities of the National Police, the Attorney-General’s Office, the
Judiciary and the National Directorate for Social Rehabilitation. The municipalities of Cuenca,
Guayaquil and Quito were drafting a legal norm which would allow them to participate in
issues concerning contraventions and minor offences. This would accelerate the judicial
processes for such infractions and guarantee the rights of the detainees. Lastly, by Executive
Decree No. 1330-A of 7 April 2006, the Government had declared all the penitentiary
establishments to be in a state of emergency, thus obtaining the necessary financial resources to
urgently attend to the needs of such detention centres. A sum of US$ 8 million was immediately
assigned.
Nicaragua
29.
The Government of Nicaragua reported that it had undertaken measures to comply with
the recommendations of the Working Group. For instance, concerning the situation of the
detention centres in the Southern Atlantic Autonomous Region (RAAS), it announced that it had
decided to build a new penitentiary in the city of Bluefields and was trying to obtain the required
financial resources.
III. LEGAL OPINION ON PREVENTING ARBITRARY DETENTION IN
THE CONTEXT OF INTERNATIONAL TRANSFER OF DETAINEES,
PARTICULARLY IN COUNTERING TERRORISM
A. Introduction
30.
Cooperation among States in law enforcement and criminal justice matters is crucial to
international efforts to bring to justice perpetrators of terrorist acts, their accomplices and
financial supporters, and thereby prevent further terrorist attacks. In reacting to the
unprecedented terrorist attacks on the United States of America, the Security Council decided in
resolution 1373 (2001) of 28 September 2001 that all States shall “Afford one another the
greatest measure of assistance in connection with criminal investigations or criminal proceedings
relating to the financing or support of terrorist acts, including assistance in obtaining evidence in
their possession necessary for the proceedings” (para. 2 (f)). In the same resolution, the Council
also called upon all States to “Cooperate, particularly through bilateral and multilateral
arrangements and agreements, to prevent and suppress terrorist attacks and take action against
perpetrators of such acts” (para. 3 (c)).
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