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statement has value against the person rendering it, due to the presumption of guilt
imposed by the exceptional system of the LSEP.
In proceedings substantiated pursuant to the LSEP, the Criminal Court orders seizure
and deposit of the goods, money and other valuables used to commit the crimes of
resulting from them. All monies should be deposited in Ecuador’s Central Bank,
within 24 hours of the seizure, in a special account of the Consejo Nacional de
Sustancias Estupefacientes y Psicotrópicas (CONSEP). Once the writ of execution had
been issued ordering the confiscation or once the criminal action or the sentence had
been extinguished, the Board of Directors of CONSEP definitively disposed of those
goods. When a provisional dismissal was ordered, the State had to return to the
accused, ex officio, the goods seized, ordering said return in the order of dismissal.
However, in actual practice it was necessary to ask the judge to order their return,
which was hardly ever granted. The policemen took over the goods seized from the
accused in drug-related trials. The fact that the Eighteenth Criminal Judge of the
Guayas ordered return of the property seized from Mr. Tibi and that the Consejo
Nacional de Sustancias Estupefacientes y Psicotrópicas (CONSEP) did not comply
with this order, is illegal and arbitrary.
e)
Testimony of Gloria Antonia Pérez Vera, an official of the Social
Work Department of the Penitenciaría del Litoral
The witness is an Ecuadorian national and an official of the Social Work Department
of the Centro de Rehabilitación Social de Varones of Guayaquil, in Ecuador.
She is somewhat familiar with the life and conduct of then detainee Daniel Tibi, given
the number of inmates in the Centro de Rehabilitación de Varones of Guayaquil. She
met him circumstantially, due to the rounds that she often took in the 34 cell blocks,
the central aisle and the inmates’ lunchroom.
In the Department where the witness worked she never received written or verbal
complaints about Daniel Tibi, while he was there as a detainee. She is not aware of
any reports of physical or psychological mistreatment against him. When the
inmates are in poor health conditions or have suffered physical or psychological
mistreatment, they come by their own means or through third parties to request
help from the social work department, to receive care from the Medical Department
or in various hospitals or clinics. The various countries’ consulates and embassies
establish a relationship with the social work department to deal with health cases,
family relations and communications, and help with provisions. That was not Daniel
Tibi’s case.
Mr. Tibi was kept in the high and low attenuated cell blocks, in two-person cells, with
drinking water, electrical light, and toilet. These are more comfortable and hygienic
facilities, where the inmates receive preferential treatment, especially if they are
foreigners.
The Social Work Department intervenes in penitentiary policy to foster craftsmanship
and commercial activities as a means for personal and family livelihood, as well as
the development of social, cultural, and recreational activities. However, she has no
record of Mr. Tibi having carried out any such activities.
f)
Testimony of Elsy Magdalena Peñafiel Toscano, an official of
the Social Work Department of the Penitenciaría del Litoral
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