4
versions; b) a writ was issued to the National Director of Anti-Narcotics requesting that he
certify the names of the police officers involved in the arrest of Mr. Daniel David Tibi
(hereinafter “Daniel Tibi” or “Mr. Tibi”); c) a writ was issued to the National Rehabilitation
Department requesting that they submit the names of the correction officers who worked on
the days when Mr. Tibi was in custody, and d) Mr. Tibi was requested to submit the original
copies of the medical records or legal medical exams. The State added that on April 30, 2010,
through a notification sent from the Public Prosecutor’s Office to the Attorney General’s Office,
the process to investigate and punish those responsible was reactivated, and several steps
were ordered within preliminary inquiry 3064-05. Lastly, the State reported that Mr. Tibi
granted a special proxy to David Cordero Heredia of the Human Rights Clinic of the Pontificia
Universidad Católica de Ecuador to legally represent him in Ecuador.
7.
With regards to this operative paragraph of the Judgment, the representatives noted
that the State reported on several steps taken by the Public Prosecutor’s Office, but did not
indicate the dates on which they were performed or the actions carried out afterwards to move
forth with the investigations. In addition, they indicated that Mr. Tibi had not received any
communication regarding the presentation of the medical records before the Public Prosecutor’s
Office to the contrary of that indicated by the State. They expressed that it is inconceivable that
the investigations are still in a preliminary phase and that the State fails to provide more
detailed information on the progress therein, especially considering that during the proceeding
before the Court, significant evidence was presented regarding the existence of the crime, its
circumstances, and the alleged perpetrators. Therefore, the representatives expressed the need
to request information on the criminal actions initiated against Judge Ángel Rubio and the
status of compliance with the punishment imposed on him, as well as on the advances with the
investigation and the punishment of those responsible for the violations committed. They added
that although the State reported a series of steps for preliminary investigation 3064-05, it has
not indicated whether it has actually carried them out or reported the results. Lastly, they
indicated that Mr. Tibi granted a proxy to Mr. David Cordero Heredia, so that he could be
represented in said preliminary inquiry 3064-05.
8.
In relation to the above, the Commission observed that the State did not submit detailed
information in order to verify the status of the investigation, the competent authorities hearing
them, the persons being investigated for their alleged participation in the facts, or the
punishments imposed in the criminal proceeding for the facts of the case in question. The
Commission deemed it necessary that information be submitted regarding the steps taken in
the investigation following issuance of the Judgment, as well as detailed information on the
measures adopted by the State to comply with the obligation to prosecute and punish those
responsible.
9.
Based on the observations made by the representatives and the Commission, as well as
that expressed by the State, the Court takes cognizance of the steps taken by the Public
Prosecutor’s Office and the meeting they held with the Ministry of Justice and Human Rights to
coordinate the investigation and possible punishment of those responsible for the human rights
violations in the instant case. However, to assess the state of compliance of Operative
Paragraph 10, the Court deems it necessary that the State report on the outcome of the action
and steps taken and on the recent progress made in the investigation of the facts.
B)
Regarding the obligation to publish the Proven Facts and the Operative
Paragraphs of the Judgment in a widely circulated French newspaper, as well as a
statement of acknowledgment of international responsibility apologizing to Mr. Tibi
and the other victims (Operative Paragraphs 11 and 12 of the Judgment)