50
the High Court of Justice of Guayaquil, to which it was consulted, forwarding the a
copy of the proceedings.98 The results of said consultation are unknown.
90.42. When Mr. Tibi returned to France he addressed the Ecuadorian Embassy in
Paris, together with his attorney, to demand return of his property.99
Mr. Tibi’s seized property has not been returned to him.100
In regards to the pecuniary and non-pecuniary damages to Daniel Tibi
90.44. When Daniel Tibi was detained, he was conducting a profitable activity as an
Ecuadorian art and gems merchant (supra para. 90.1). As a consequence of the
facts, he lost income, and this caused him pecuniary damage. The alleged victim did
not have a fixed monthly salary; his income fluctuated, because it depended on the
sale of the goods that he traded. With his income, he supported his spouse Beatrice
Baruet and their family.101
90.45. Given Daniel Tibi’s physical and psychological alterations as a consequence of
the facts (infra para. 90.52 y 90.53), he is currently unable to work normally.102
90.46. At the Penitenciaría del Litoral, Mr. Tibi was placed in the cell block known as
“the quarantine,” where he remained 45 days, in overcrowded and unhealthy
conditions.103 There were 120 to 300 persons in this cell block, in a 120 square meter
98
See ruling issued by the Second Criminal Judge of the Guayas, Alternate to the Eighteenth
Criminal Court of the Guayas on September 23 or 29, 1998 (file with appendixes to the application,
volume II, appendix 22, leaf 498; and file with appendixes to the brief with arguments and motions,
appendix 10, leaf 696). Note: there are two dates on this ruling: September 23, 1998, at the beginning of
the court document, and another one, September 29, 1998, at the end of that document.
99
See letter addressed by Daniel Tibi’s attorney, Arthur Vercken, to the Ecuadorian Ambassador in
France, Juan Cueva, on June 11, 1998 (file with appendixes to the application, volume II, appendix 21,
leaf 493); e-mails addressed by the “Director General de Europa” to the Ecuadorian Ambassador in France
on August 13, 1998 and on September 29, 1998 (file with appendixes to the application, volume II,
appendix 21, leaves 494 and 495); and testimony of Daniel Tibi rendered before the Inter-American Court
during the public hearing held on July 7, 2004.
100
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004 ; and ruling issued by the Second Criminal Judge of the Guayas, Alternate to the
Eighteenth Criminal Court of the Guayas, on September 23 or 29, 1998 (file with appendixes to the
application, volume II, appendix 22, leaf 498; and file with appendixes to the brief with arguments and
motions, appendix 10, leaf 696).
101
See 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.
102
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004; expert opinion of Carlos Martín Beristain rendered before the Inter-American Court
during the public hearing held on July 7, 2004; and report of the medical examination conducted by
Gèrard Benayoun (file with appendixes to the brief with arguments and motions, appendix 35, leaf 1057).
103
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004; testimony of Beatrice Baruet rendered before the Inter-American Court during the
public hearing held on July 7, 2004; expert opinion of Santiago Argüello Mejía rendered before the InterAmerican Court during the public hearing held on July 7, 2004; and answers of Laurent Rapin to the
questionnaire sent by the representatives on June 22, 2004 (file with preliminary objections and merits,
reparations and costs, volume III, leaf 571).
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