5 * * * 7. That, regarding the obligation to identify, prosecute and, if applicable, punish, within a reasonable time, all those responsible for violating the rights of Daniel David Tibi (hereinafter “Daniel Tibi” or “Mr. Tibi”), ordered by the Court in the tenth operative paragraph of the judgment (supra Having Seen paragraph 1), the State advised that the Dirección Nacional de Patrocinio Internacional [Translator’s note: Department responsible for following up on cases against the State of Ecuador at the international level] had submitted three complaints to the Public Prosecutor’s Office (Ministerio Público), in order to initiate the corresponding investigations and to determine those responsible for the violations of which Daniel Tibi was a victim. The first, concerning his arbitrary detention, was submitted to the Pichincha District Prosecutor’s Office; and the other two, concerning violations of due process and torture, to the Office of the Prosecutor General (Fiscalía General) of the State. In a communication of March 7, 2007, the State indicated that July 6, 2007, had been established as the date for receiving Mr. Tibi’s version of the facts during the criminal proceedings filed for torture. In a communication of July 17, 2007, the State indicated that, through the Attorney General’s Office (Procuraduría General), a copy of the judgment of the Inter-American Court had been forwarded to the Second District Court of the National Police in order to investigate the actions of the agents who took part in the arrest of Daniel Tibi. In investigation report No. 2007-117-IGPN-DAI, the Internal Affairs Department of the National Police determined that Mr. Tibi had entered the Guayaquil Prison on October 5, 1995, by order of the First Criminal Court of Guayas, and, while there, he was in the custody and under the responsibility of the prison guards. In addition, it “indicated that no action had been taken against members of the Police for the violation of the rights of DANIEL TIBI.” On July 29, 2008, the National Council of the Judicature ruled on the complaint filed by the National Director de Patrocinio of the Attorney General’s Office against the First Criminal Judge of Guayas, based on irregularities in criminal proceeding No. 361-95 against Daniel Tibi, and sanctioned him with a fine of three basic salaries. 8. That the representatives indicated in a communication of April 12, 2007, that “[t]he information provided by the State [wa]s unclear and incomplete, because it did not specify to which judicial proceedings it was referring.” They also stated that it was only clear that a criminal action had been filed for the offense of torture and that Mr. Tibi had not received any judicial notification to appear before the court and testify. In a communication of August 2, 2007, the representatives submitted observations on the investigation report of the Internal Affairs Department of the National Police, concluding that “as textually acknowledged [in the report presented by the State] no measures are being taken to investigate the conduct of the National Police agents who took part in the detention of Daniel Tibi.” In a communication of November 17, 2008, the representatives observed that the sanction imposed on the First Criminal Judge of Guayas was neither “adequate nor proportionate to the violations committed in this case,” and noted that the State had not submitted up-to-date information on progress in the three complaints filed by the Dirección Nacional de Patrocinio (supra considering paragraph 7). Lastly, they indicated that “initiation and promotion of the investigation in this type of case is the State’s responsibility; [consequently] the State’s judicial authorities must act promptly to take the necessary steps to advance these proceedings and avoid the prescription of the criminal action.” 9. That, regarding the three complaints filed by the Director Nacional de Patrocinio, in a communication of May 1, 2007, the Commission observed that the State had not submitted any information that would permit determining whether concrete progress had been made towards complying with the obligation to investigate and punish all those responsible for the