34
on their hands, changes in their perspective on the world and on life. The daughters
of Beatrice and Mr. Tibi feel that they lost their family due to the facts.
The psychological and emotional damage suffered by Mr. Tibi, Mrs. Baruet and the
girls due to his detention and imprisonment are deep and long lasting. As measures
of reparation, they require both psychological treatment and that justice be done,
which is the first step to feel that there is an acknowledgment of the suffering.
f)
Expert opinion of Santiago Argüello Mejía, attorney at law
The oldest statistics refer to five or six per cent of the prison population accused of
drug trafficking crimes. The statistics show that in 1997 and 1998, the figure was
forty-two percent. This situation has to do with over-criminalization of consumption,
possession, and trafficking of narcotics.
Protracted incarceration prior to sentencing is currently the most serious problem of
the criminal justice system in Ecuador. The twenty-eight month period endured by
Mr. Tibi to prove his innocence is a good average of what someone needs in Ecuador
to be released from prison despite being innocent. Despite the constitutional and
secondary norms, the principle of presumption of innocence is not in force, even less
so in regards to drug-related accusations where incarceration before sentencing and
other serious types of abuse are frequent.
Life in the Penitenciaría del Litoral reflects a system of injustice and commoditization
of every favor or advantage for the inmates.
Use of the cell called “quarantine” in the Penitenciaría del Litoral is an indisputable
reality. It is a nauseous space with no services, roughly 120 square meters, where
up to three hundred inmates sleep on the ground. As bathrooms they use holes in
the floor and tubes from which water occasionally comes out. Due to the population
and to the limited space, the inmates’ breathing becomes difficult. Generally only
indictees are placed in the “quarantine;” however, it has also become a place where
convicted criminals are placed as punishment.
The “quarantine” zone is part of a business. It is at the entrance of the Penitenciaría
del Litoral and all the inmates who enter that penitentiary are taken there and
threatened with remaining there. The threat makes the inmates of the Ecuadorian
penal network definitely be willing to pay almost any price to be allocated one of the
privileged cells. The prison staff, in complicity with some inmates, participates in and
validates a space rental and purchase system, and organizes trafficking in drugs,
alcohol, and weapons, which increases the privileges, the discrimination, and
worsens the violence. In conclusion, Mr. Tibi’s statements are a supplementary
practical demonstration of that phenomenon.
At the Penitenciaría del Litoral, inmates without financial means
“quarantine” zone and when “there is nothing more to be done with
have no money to take from them,” they are sent to one of the cell
penitentiary center, the system for classification of the detainees is
financial capacity.
remain in the
them and they
blocks. At this
based on their
Human rights organizations have recorded numerous complaints in regards torture in
Ecuadorian prisons. In 1997, the complaints received at the Comisión Ecuménica de
Derechos Humanos (CEDH) against penitentiary guards and policemen included three
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