69 136. On July 27, 2004 this Court asked the parties to submit as evidence to facilitate adjudication of the case the decision of the High Court of Guayaquil that would decide on the judicial amparo remedy filed by Mr. Tibi on October 2, 1997. It did not receive the certification that it had requested. The State did not prove that there had been a prompt ruling on this remedy, for which reason it is reasonable to conclude that it was not effective, in terms of Article 7(6) of the Convention. 137. Based on the above, the Court concludes that the State abridged Articles 7(6) and 25 of the American Convention, in combination with Article 1(1) of that same Convention, to the detriment of Daniel Tibi. 138. In regards to the allegation by the Commission and by the representatives of the alleged victim and his next of kin that Article 2 of the Convention was breached, this Court deems that the facts of the case are not consistent with the conditions set forth therein. X VIOLATION OF ARTICLE 5 OF THE AMERICAN CONVENTION (RIGHT TO HUMANE TREATMENT) Pleadings of the Commission 139. The Commission argued that: a) the concept of “inhumane treatment” includes that of “degrading treatment;” torture is an aggravated form of inhumane treatment, committed with an objective: that of obtaining information or confessions or inflicting punishment; b) Ecuador is a party to the Inter-American Convention against Torture, which it ratified on November 9, 1999. Even though the State ratified the Convention after the facts of the instant case took place, the definition of torture in the aforementioned treaty substantially reflects international juridical elements governing the crime of torture and could, therefore, “adequately inform” in the sense of the provision set forth in Article 5(2) of the American Convention; c) any situation in which a detainee is interrogated without the presence of his attorney or a judicial authority invites abuse, and therefore interrogations under said conditions are forbidden by domestic and international standards; d) the evidence shows that agents of the State inflicted grave suffering on Mr. Tibi, causing him serious physical problems. After the beatings and the cigarette burns and the red-hot metal on Mr. Tibi’s body, the State provided him with no medical treatment; e) as shown by the French physicians’ reports, based on examinations conducted months after the detention, Daniel Tibi suffered seven torture sessions, which have left physical evidence and consequences that will last his whole life;