86
196. Based on the foregoing, the Court reaches the conclusion that the State
abridged Articles 8(2)(d) and 8(2)(e) of the American Convention, to the detriment
of Daniel Tibi.
e)
In regards to the right not to incriminate oneself
197.
Article 8(2)(g) of the Convention sets forth that:
[d]uring the proceedings, every person is entitled, with full equality, to the following
minimum guarantees:
[…]
g)
the right not to be compelled to be a witness against himself or to plead guilty;
and
[…]
198. It has been proven that Daniel Tibi was tortured by State agents, who
affected his right to humane treatment, as well as the basic aspects of his right to
fair trial. These acts were inflicted on him with the aim of breaking down his
psychological resistance and forcing him to incriminate himself for certain criminal
conduct, as mentioned above (supra para. 90(50)).
199. In light of the above, the Court concludes that the State breached Article
8(2)(g) of the American Convention, to the detriment of Daniel Tibi.
200. Based on the above, this Court deems that the State breached Articles 8(1),
8(2), 8(2)(b), 8(2)(d), 8(2)(e) and 8(2)(g) of the American Convention, in
combination with Article 1(1) of that same Convention, to the detriment of Daniel
Tibi.
XII
ARTICLE 17 OF THE AMERICAN CONVENTION
(RIGHTS OF THE FAMILY)
Pleadings of the representatives of the alleged victim and his next of kin
201. In regards to the alleged violation of the right to protection of the family,
embodied in Article 17 of the American Convention, the representatives of the
alleged victim and his next of kin argued that:
a)
Daniel Tibi was detained in the city of Quito and subsequently
transferred to the city of Guayaquil, six hundred kilometers away from his
family’s place of residence, where he remained in jail twenty-eight months,
and in this regard they referred to Principle twenty of the United Nations’
Body of Principles for the Protection of All Persons under Any Form of
Detention or Imprisonment;
b)
Mr. Tibi requested his transfer on February 24, 1997, not only because
he was far from his family, but also because other inmates had threatened to
kill him. Nevertheless, the transfer was never granted. Furthermore, there
was no reasonable motive to justify taking Mr. Tibi from the city of Quito to
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