73 a) there is an attempt to find it responsible for the alleged torture suffered by Mr. Tibi during the detention period, but the only evidence regarding this complaint is the reports prepared by the French physicians, the forensic medical report of the Police Investigations Department, and the testimony of the alleged victim himself; b) Mr. Tibi was regularly examined by specialized physicians and they never established that there had been such abuse, and the report of the Supreme Court of Justice also states that “there is no procedural attestation” of the alleged tortures; c) the French physicians’ reports were prepared two and six years after the alleged torture supposedly took place, and they are therefore unreliable and not sound. Obviously any sign of mistreatment would have disappeared by then, and if that were not the case, it would be very difficult to establish the cause of the injuries. In this regard, “the State challenge[d] the reports by the French physicians, doctors Christian Rat, Samuel Gérard Benayoun, and Philippe Blanche, as they are neither trustworthy, nor impartial, nor timely;” d) the forensic medical reports issued by Ecuadorian specialists reached the conclusion that Mr. Tibi had a facial asymmetry and that he had dermatological injuries in his lower limbs. The Ecuadorian report at no point reached the conclusion that there were signs of alleged burns on the alleged victim’s legs, caused by cigarettes and red-hot metal objects, but rather that they were dermatological signs; e) there are no consistent indicia or presumptions that can lead to a solid conclusion that there was torture or other cruel, inhumane, or degrading treatment or punishment against Daniel Tibi by any member or functionary with public authority, or worse yet, with support from or tolerance by government authorities, so the State cannot be found responsible for facts which have never been irrefutably proven; and f) according to the testimony of the physicians who appeared before the Court during the oral phase of the instant proceeding, the period between the alleged tortures and the examinations makes it impossible to specifically diagnose the etiology of the alleged lesions. Considerations of the Court 142. Article 5 of the Convention establishes that: 1. Every person has the right to have his physical, mental, and moral integrity respected. 2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated regarding for the inherent dignity of the human person. 3. Punishment shall not be extended to any person other than the criminal.

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