C. Contracting of foreigners by PMSCs based in Manta

32. The Working Group reiterates the State’s responsibility in the protection of nationals, and the importance of the monopoly of the State in the use of force. To ensure these principles, the Working Group recognizes the necessity of demanding registration and licensing procedures to be completed by all security companies operating in Ecuador. It is only through comprehensive regulating and monitoring of PMSCs, whether armed or unarmed and whether operating at the national or international level, that the situation can be managed and controlled.

33. In August 2005, a PMSC in Ecuador received much public attention for advertising in the press and supposedly recruiting Ecuadorians and Colombians for security work abroad. The Working Group was informed that the PMSC in question, “Epi Security and Investigations”, conducted interviews for the recruitment of more than 1,000 contractors for security work in Iraq and Afghanistan. The owner of Epi Security and Investigations, a United States national, arrived in Ecuador on 29 January 2004, and worked until May 2005 in the military base of Manta as fireman, and then driver and operator for the company DynCorp.

34. According to declarations of the Ecuadorian Superintendent of Companies, Fabian Albuja, and as confirmed by the General-Attorney and other authorities in meetings with the Working Group, the company Epi Security and Investigations was neither registered with Ecuadorian authorities in Quito nor with provincial authorities in Mantabi/Porto Viejo. However, this did not hinder the company from engaging in recruitment activities, with the Working Group being informed by NGO representatives that interviews took place in Manta and in Medellin (Colombia), through advertisements in the press and via the website www.iraqijobcenter.com.[23]

35. The Working Group discussed with Ecuadorian authorities the events surrounding Epi Security and Investigations in 2005 and subsequent actions by the State. The Ministry of Foreign Affairs conveyed to the Working Group the shared understanding of Ecuadorian authorities that due to the non-registered status of “Epi Security and Investigations”, these activities were denounced as illicit and did not reflect State policy. The Working Group was informed of the range of public declarations by senior Government officials at the time of the incidents, including from the Minister for Foreign Affairs, the Minister for Interior, the Minister for Defence, the Superintendent of Companies of Ecuador, the Superintendent of Companies of the province of Manabí, and the Commander of the Manta Police.[24] In September of 2006, following the completion of the visit of the Working Group, the Working Group was informed that the Minister for Foreign Affairs appeared before the Commission on External Relations of the Parliament for a session addressing the subject.

36. Once the events in 2005 were reported upon, a preliminary inquiry was carried out, headed by the Manta public prosecutor, Sonia Barcia de Plúas, and steps were taken to obtain information on the supposed offence of trafficking in persons. The public prosecutor concerned initiated the investigation on the basis of media reports that an office operating in Manta was recruiting staff to work in security firms in Iraq. The police launched an official investigation of the private company and its owner, and confiscated relevant computers and disks. The Working Group was informed in meeting with the Attorney-General of Manabi of this preliminary investigation.[25] Investigations remained to be concluded at the time of the visit of the Working Group in early September 2006. The mayor of Manta in Manabi province informed the Working Group that he was among those contacting the police and calling for an investigation. The mayor further stated to the Working Group that the reported incidents were acts committed by a foreigner without the consent of authorities and without the support of the local population.

37. In meeting with the Attorney-General in Quito, the Working Group was informed that the owner of Epi Security and Investigations had left Ecuador and remained in the United States. The Attorney-General informed the Working Group of approaches made to the United States Department of Justice with requests for information concerning the owner of “Epi Security and Investigations”, as he was allegedly located in Las Vegas. Having not yet received the requested information by early September 2006, the Attorney-General noted to the Working Group that this was one cause for the delay in completing the investigations.

38. The Ombudsperson of Ecuador reported to the Working Group that he has not received any complaints from individuals having served in Iraq for Epi Security and Investigations or other PMSCs. The Ombudsperson had not either received any complaint against a private contractor for having violated the rights of others. The Working Group received informal accounts from both authorities and NGO representatives that the high remunerations received by private contractors, which enabled them to send remittances to their families, might have discouraged the individuals recruited by Epi Security and Investigations from reporting publicly on their experiences of having served in Iraq.

39. NGO representatives informed the Working Group of alleged involvement of Chilean instructors and Colombian ex-military figures in the operations of Epi Security and Investigations. The Working Group also notes the consideration by several NGOs which doubted that the operations of Epi Security and Investigations could be carried out by a single individual, indicating possible connections and joint cooperation with other entities.

40. The Working Group notes the calls from NGOs in Ecuador for the speedy investigation and elucidation by the relevant authorities of the situation surrounding “Epi Security and Investigations”, and notes the concerns voiced by civil society over delays in completing and making public the results of these investigations. In this regard, the Working Group was informed by NGOs that when they requested further information on the investigations in August 2005, on the basis of the Freedom of Information Act, the Attorney-General referred to article 215 of the Criminal Code as a basis for not sharing information with third parties.

41. The Working Group received accounts from NGOs of prior advertisements on DynCorp’s web page concerning recruitments for security work abroad. However, the Working Group has not received information that DynCorp in Ecuador has been directly involved in hiring individuals to perform security work in Iraq.

Date: 2015-12-24; view: 667