47
of Justice to the First Criminal Judge of the Guayas, Ángel Rubio Game, who was
granted five days time to reply to the complaint.91
90.35. On November 7, 1996 the First Criminal Judge of the Guayas, Ángel Rubio
Game, answered the complaint and pointed out that the criminal indictment against
Mr. Tibi had been closed since October 23, 1996 and that on the 25th of that same
month the representative of the Public Prosecutor’s Office had been notified for him
to issue his opinion as soon as possible, and once the opinion had been issued, he
would rule on the case within the term allotted by Law.92
90.36. On March 10, 1997 the Comisión Nacional de Quejas y Reclamos of the
Supreme Court of Justice ruled on the complaint filed by Mr. Tibi against the First
Criminal Judge of the Guayas, Ángel Rubio Game. Said Committee recommended
that this Judge and the Public Prosecutor be “severely reprimanded” and that after
reading the criminal file against Mr. Tibi “the conclusion must necessarily be reached
that [he] is innocent.”93
90.37. On March 17, 1997 Public Prosecutor Carlos Julio Guevara Alarcón sent his
opinion to the First Criminal Judge of the Guayas, Ángel Rubio Game, pointing out
that “while it is true that in the records [Daniel Tibi] presumably appears to have
illegitimately delivered narcotics, this unlawful act has not been proven in accordance
with the law, and furthermore it should be under another procedural item and not
that investigated here.”94
90.38. The District Attorney for the Guayas, John Birkett Mortola, asked that the
First Criminal Judge of the Guayas, Ángel Rubio Game, be reprimanded due to the
grave irregularities committed in the criminal proceeding against Mr. Tibi.95
90.39. On April 14, 1997 the First Criminal Judge of the Guayas, Ángel Rubio Game,
was substituted by the Fourteenth Criminal Judge of the Guayas.96
On Daniel Tibi’s property
91
See ruling issued by the Presidency of the High Court of Guayaquil on October 14, 1996 (file with
appendixes to the application, volume I, appendix 3, leaf 144).
92
See official letter sent by the First Criminal Judge of the Guayas to the Minister of the Supreme
Court of Justice, President of the Comisión Nacional de Quejas y Reclamos, on November 7, 1996 (file
with appendixes to the application, volume I, appendix 3, leaf 147).
93
See official letter addressed to the President of the Supreme Court of Justice by the Comisión
Nacional de Quejas y Reclamos on March 10, 1997 (file with appendixes to the brief with arguments and
motions, appendix 13, leaf 703 to 704).
94
See opinion issued by the First Criminal Public Prosecutor of the Guayas to the First Criminal
Judge of the Guayas on March 17, 1997 (file with appendixes to the application, volume I, appendix 2,
leaf 105; and file with appendixes to the brief with preliminary objections, reply to the application and
comments on the arguments and motions, leaf 1396).
95
See opinion issued by the District Attorney of the Guayas (file with appendixes to the application,
volume I, appendix 2, leaf 116; file with appendixes to the brief with preliminary objections, reply to the
application and comments on the arguments and motions, 1228 al 1233).
96
See ruling issued by the Thirteenth Criminal Judge of the Guayas on April 14, 1997 (file with
appendixes to the brief with preliminary objections, reply to the application and comments on the
arguments and motions, leaves 1361 to 1364).
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