12. The Petitioner also alleges that he was robbed of his belongings ( his car, along with
money and valuable items inside the car) which he still claims.2 The value of the assets for
which the Petitioner is suing amounts to FRF 1,000,000.
B.
Position of the State
13. The State alleges that the Petitioner did not exhaust the remedies of the domestic
jurisdiction, and that, consequently, the Commission should declare his petition inadmissible.
It alleges that the courts are still to decide the action. It admits the existence of procedural
irregularities in the proceedings in the trial court, but it alleges that those irregularities have
been remedied, since the Petitioner could invoke remedies available to him to recuse the
judges. Pursuant to that provision, he filed a complaint with the Complaints and Claims
Commission of the Supreme Court of Justice, since the judge hearing the action had not
replied to the Petitioner’s appeal for dismissal. This judge was admonished by the Supreme
Court for delaying the proceedings for this type of trial. The use of such a measure by the
Petitioner, alleges the State, made it possible for trial to be conducted under appropriate
conditions.
14. The State also alleges that the process was not concluded and that the decision of the
tribunals, whether favorable or not, would be a suitable way to resolve the situation of the
Petitioner. It also alleges that it prove the existence of effective domestic remedies to resolve
the legal situation of the Petitioner. These measures are the appeal to quash a decision of a
lower court, which the Petitioner might file against the judgment issued by the corresponding
criminal court. That measure is effective if the Supreme Court of Justice had made errors of
law, in annulling the judgment and issuing a new according to law. The State also alleges that
another available remedy is that of review, which may be filed at any time after the judgment
is executed if it was a conviction.
15. As to returning the belongings taken from the Petitioner at the time of the arrest, the State
alleges that the law requires that they be requested and that they were never claimed after
the Petitioner was released.
IV.
ANALYSIS OF ADMISSIBILITY
A.
Ratione
materiae,
ratione
personae,
temporiscompetence of the Commission
ratione
loci,
and
ratione
16. The Commission has ratione materiae, ratione personae pasiva, ratione loci, and ratione
temporis competence to hear this case, because the complaints of violations of Articles 5, 7, 8,
10, 11, 21, and 25 of the Convention against the Petitioner, a French citizen, are attributed to
the Ecuadorian State, a State Party to the Treaty, and were allegedly committed on Ecuadorian
territory after ratification of the Convention.3 Regardingrationae persone competence, the
Petitioner retained Attorney Arthur Vercken, who was authorized to file complaints with the
Commission pursuant to Article 44.
17. The Commission has prima facie competence to consider this case, since it concerns a
claim alleging human rights violations protected by the American Convention. The Petitioner
has locus standi to appear and present complaints on the failure to comply with provisions
established in the Convention by the Ecuadorian police and prison guards, which means
consequent international liability of the Republic of Ecuador. The Commission is therefore
competent to examine the claim of the petitioner.
B.
Other requirements for admissibility of the petition
a.
Exhaustion of domestic remedies
2
The Petitioner presented a detailed two page list of the goods that he is claiming. This list was compliled at the time
of Mr. Tibi's detention and is signed by him and the police lieutenant, Mr. Edison Tobar.
3
Ecuador ratified the American Convention on December 28, 1977.
3