105 case. Said statement must be published at least once, within six months of notification of the instant Judgment, in a nationally distributed daily in Ecuador, and its translation into French in a widely read newspaper in France, specifically in the area where Mr. Tibi resides. Said statement will have the effect of satisfaction and serve as a guarantee of non-recidivism. d) Educational and training measures 262. Both the Inter-American Commission and the representatives of the victim and his next of kin asked the Court to order the State to train the staff of the judiciary, of the public prosecutor’s office, of the police and of the penitentiary system, as well as the respective physicians and psychologists, regarding treatment of inmates, prevention of torture, and documentation of complaints, in accordance with generally accepted international standards. In this regard, the State must take into account that the detainees have the right to live in conditions of detention that are compatible with their personal dignity. The authorities of the State exercise total control over the person under their custody. The way a detainee is treated must be subject to the closest scrutiny, bearing in mind the detainee’s special vulnerability.184 The Court has established that the State, being responsible for the detention centers, is the guarantor of the detainee’s rights, and this entails, among other things, that it must explain what happens to persons who are under its custody. 263. In light of the above and of the circumstances of the instant case, this Court deems that the State must establish a training and education program for the staff of the judiciary, of the public prosecutor’s office, of the police and of the penitentiary system, including the physicians, psychiatrists and psychologists, on the principles and provisions regarding detention of individuals, their legal rights and guarantees, the right to have an attorney, to receive visits, and for the indictees and the convicts to be lodged in different facilities. In short, the State must ensure application of international standards. 264. Design and implementation of the training program must include allocation of specific resources to attain its objectives, and its execution must involve civil society. For this, the State must establish an inter-institutional committee with the aim of defining and executing training programs on human rights and treatment of inmates. The State must report to this Court on establishment and functioning of this committee, within six months time. XV COSTS AND EXPENSES Pleadings of the Commission 265. In regards to costs and expenses, the Commission argued that: a) Mr. Tibi was originally represented by Arthur Vercken, a French attorney, from July 15 to November 9, 2001, in the actions before the InterAmerican Commission; b) since December 12, 2001, the case was taken up by two nongovernmental organizations: CEJIL and the Clínica de Derechos Humanos del PUCE; and 184 See Case of Bulacio, supra note 129, para. 126

Seleccionar párrafo de destino3

Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos