4
credited to the accounts of each beneficiary of the compensation in
the near future.
d)
As regards to the return of property and other items seized from Mr.
Daniel David Tibi at the time of his detention:
i.
in relation to the Volvo vehicle, plate number PGN-244:
i.a.
on September 5, 1996, the automobile was bailed with the
Consejo Nacional de Control de Sustancias Estupefacientes y
Psicotrópicas (National Control Council of Narcotics and Psychotropic
Substances). On April 17, 2001, the Comisión de Calificación y
Adjudicación para la Venta en Pública Subasta de Vehículos
(Qualification and Award Committee for Sale by Public Auction of
Vehicles) auctioned off said piece of property for US$ (US dollars)
2,530.00;
i.b.
the State Attorney General's Office informed that "[in] relation
[to] the Volvo vehicle, plate number PGN 244[,] which was auctioned
off and the money seized, checks to order of Mr. Tibi have been
drawn;
i.c
it has found no legal basis for a new expert's appraisal to
establish an amount different from that specified by appraising
experts; hence, it will proceed to pay the amount collected for this
item, which is deposited in Banco Central del Ecuador;
ii.
as regards to other property:
ii.a
the property that belongs to Mr. Tibi has been located and is
ready to be returned;
ii.b.
the State Attorney General's Office informed that "after
checking the property and appraising the stones [...], it has been
ordered that the property be returned". Said return must be effected
pursuant to the Court's Judgment, which included the phrase "color
stones...", without any specification as to shape, size, dimensions or
any other element to identify the stones. For this reason, the State
hired gemologist Paul Ceballos-Abad to give an expert opinion on the
seized stones. Consequently, it expressed that "there are no legal or
factual reasons not to return these stones pursuant to the orders of
the Court", and
ii.c.
“in view of the victim's reluctance to receive this property, the
State deems it appropriate to have the Tribunal decide as to how to
effect the delivery”.
3.
The briefs of the representatives of the victims and his next of kin
(hereinafter "the representatives") of January 17, April 29, July 21 and December 9,
2005, and May 19, 2006, whereby they forwarded their comments on the reports of
the State (supra Having Seen clause No. 2) and remarked, inter alia, that:
a)
as regards to the effective investigation into the facts:
i.
the State must proceed to investigate Judge Angela Albán, who
heard Mr. Daniel David Tibi's case and was appointed as a judge for
the Supreme Court of Justice of Ecuador, which could hinder
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