38 88. In regards to the testimony of Juan Montenegro and the expert opinions of expert witnesses Ana Deutsch and Santiago Argüello Mejía (supra paras. 33 and 73(c), 73(e) and 73(f)), which were neither challenged nor disputed, the Court admits them and grants them evidentiary value. Regarding the expert opinion of expert witness Carlos Martín Beristain (supra paras. 33 and 73(d)), this Court admits it because it deems it useful to rule on the instant case, but it also takes into account the assertion by the State that this expert opinion had the same flaws as the reports rendered by French doctors Christian Rat, Samuel Gèrard Benayoun, and Philippe Blanche (supra para. 82), and it assesses it within the context of the body of evidence, in accordance with the rules of competent analysis. 89. In the aforementioned terms, the Court will assess the evidentiary value of the documents, statements and expert opinions submitted in writing or rendered before the Court. The evidence submitted during the proceeding has been included in a single body of evidence, which is considered as a whole.28 VII PROVEN FACTS 90. After examining the documents, the statements of the witnesses, the expert opinions of the expert witnesses, and the arguments of the Commission, of the representatives of the alleged victim and his next of kin and of the State, this Court deems the following facts proven: In regards to Daniel Tibi and his next of kin 90.1. Daniel Tibi, a French national, was born on November 23, 1958 and he was 36 years old at the time of the facts.29 He lived in the city of Quito, Ecuador, was an Ecuadorian art and gems merchant, and he stated that he did not have a merchant matriculation.30 He was detained by agents of the State on September 27, 1995.31 After being deprived of his liberty for twenty-seven months, three weeks, and three days, he was released on January 21, 1998.32 28 See Case of the Goméz Paquiyauri Brothers, supra note 8, para. 66; Case of the 19 Tradesmen, supra note 9, para. 82; and Case of Herrera Ulloa, supra note 3, para. 74. 29 See copy of the passport of Daniel Tibi (file with preliminary objections and merits, reparations and costs, volume I, leaf 62). 30 See general certificate of alienage; certificate of registration in the Registro de Extranjeros. Ministerio de Gobierno. Republic of Ecuador; official letter sent by the Director General de Extranjería to the head of the Registro Civil, Identificación y Cedulación on September 4, 1995 (file with appendixes to the brief with arguments and motions, appendix 5, leaves 675 and 676); testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing held on July 7, 2004; and testimony of Beatrice Baruet rendered before the Inter-American Court during the public hearing held on July 7, 2004. 31 See report submitted to the provincial head of INTERPOL at Pichincha on September 27, 1995 (file with appendixes to the application, volume II, appendix 13, leaf 214; file with appendixes to the brief with arguments and motions, appendix 2, leaf 668; and file with appendixes to the brief with a Preliminary Objection, reply to the application and comments on the arguments and motions, leaf 1292). 32 See release warrant issued by the Second Criminal Judge of the Guayas, Alternate to the Eighteenth Criminal Court of the Guayas (Durán) on January 21, 1998 (file with appendixes to the application, appendix 34, leaf 585; and file with appendixes to the brief with preliminary objections, reply to the application and comments on the arguments and motions, leaf 1095); and testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing held on July 7, 2004.

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