45
90.25. On January 20, 1998 the Second Criminal Judge of the Guayas, Reynaldo
Cevallos, Alternate Judge for the Eighteenth Criminal Court of the Guayas, ordered
Daniel Tibi’s immediate release,80 and he was released on January 21, 1998.81
90.26. After his release, Daniel Tibi traveled to Paris, France.82
90.27. Mr. Tibi remained under preventive detention, in an uninterrupted manner, in
Ecuadorian detention centers, from September 27, 199583 to January 21, 1998.84
In regards to the judicial amparo remedies filed by Daniel Tibi
First judicial amparo remedy filed
90.28. On July 1, 1996 Daniel Tibi filed a judicial amparo remedy before the
President of the High Court of Guayaquil, alleging that there was no evidence against
him, as “[t]here is no evidence in the proceeding that is in accordance with Art[icles]
61, 65 [and] 66 of the Criminal Procedures Code and something that is very
important, the investigative agents themselves ARE NOT SURE OR CERTAIN that he
supplied the grams [.] The attitude of the police agents of accepting the account of
79
See the January 14, 1998 ruling of the High Court of Justice of Guayaquil (file with appendixes to
the application, volume I, appendix 2, leaf 118 to 132; and file with appendixes to the brief with
preliminary objections, reply to the application and comments on the arguments and motions, leaf 1213 to
1227).
80
See ruling issued by the Second Criminal Judge of the Guayas, Alternate to the Eighteenth
Criminal Judge of the Guayas (Durán) on January 20, 1998 (file with appendixes to the brief with
preliminary objections, reply to the application and comments on the arguments and motions, leaf 1250).
81
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).
82
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.
83
See report to the to the provincial head of INTERPOL at Pichincha on September 27, 1995 (file
with appendixes to the brief with arguments and motions, appendix 2, leaf 668; and file with appendixes
to the brief with preliminary objections, reply to the application and comments on the arguments and
motions, leaf 1292).
84
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 ruling issued by the
Second Criminal Judge of the Guayas, Alternate to the Eighteenth Criminal Judge of the Guayas (Durán)
on January 20, 1998 (file with appendixes to the brief with preliminary objections, reply to the application
and comments on the arguments and motions, leaf 1250).
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