46 a co-accused is contrary to the law, and it even specifies that the current account is outside the sphere of what is being investigated.”85 90.29. On July 22, 1996 the President of the High Court of Guayaquil rejected the judicial amparo remedy filed by Mr. Tibi, based on the fact that the merits of the charge that were the basis for the detainee’s preventive incarceration had not been disproved in the proceeding.86 Second judicial amparo remedy filed 90.30. On October 2, 1997 Daniel Tibi, through his attorney, filed a second judicial amparo remedy before the President of the High Court of Justice of Guayaquil, requesting his release due to non-fulfillment of Article 246 of the Criminal Procedures Code and Article 22.19.d and h of the Political Constitution of Ecuador, since despite the order for his immediate release issued on September 3 or 5, 1997 by the Second Criminal Judge of the Guayas, Alternate to the Eighteenth Criminal Judge of the Guayas, he was still deprived of his liberty.87 90.31. On October 21, 1997 Daniel Tibi filed before the President of the High Court of Justice of Guayaquil a request for clarification and further explanation of the ruling that rejected the judicial amparo remedy.88 At the time of the instant Judgment, the Court has no information on the response to said request. In regards to the complaint filed by Daniel Tibi 90.32. In October 1996 Mr. Tibi filed a complaint against the First Criminal Judge of the Guayas regarding the delay to decide on his case and due to his actions.89 90.33. On October 7, 1996 the Presidency of the Comisión de Quejas y Reclamos of the Supreme Court of Justice heard the complaint filed by Mr. Tibi against the First Criminal Judge of the Guayas.90 90.34. On October 14, 1996 the High Court of Guayaquil ordered notification of the ruling of the Presidency of the Comisión de Quejas y Reclamos of the Supreme Court 85 See amparo remedy filed by Daniel Tibi before the President of the High Court of Justice of Guayaquil on July 1, 1996 (file with appendixes to the application, volume I, appendix 2, leaf 096 to 098). 86 See ruling issued by the President of the High Court of Guayaquil on July 22, 1996 (file with appendixes to the application, volume I, appendix 2, leaves 099 to 100). 87 See amparo remedy filed by Daniel Tibi before the President of the High Court of Justice of Guayaquil on October 2, 1997 (file with appendixes to the application, volume I, appendix 2, leaves 110 and 111). 88 See request for clarification and further explanation filed before the High Court of Justice of Guayaquil on October 21, 1997 (file with appendixes to the application, volume I, appendix 2, leaves 112 to 113). 89 See complaint filed by Daniel Tibi against the First Criminal Court of the Guayas in October 1996 (file with appendixes to the application, volume I, appendix 3, leaves 140 to 142 ). 90 See ruling issued by the Presidency of the Comisión de Quejas of the Supreme Court of Justice on October 7, 1996 (file with appendixes to the application, volume I, appendix 3, leaf 143).

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