18
a)
Testimony of Alain Abellard, a journalist
He is a journalist, he has worked for “Le Monde” as the journalist in charge of the
American region, from 1994 to 2003, and he is currently editor of that same
newspaper. He has written several articles on prison conditions and detention of
French citizens in Latin America, specifically in Ecuador, Venezuela, Colombia,
Bolivia, and Guatemala.
In 1997 he was contacted by a friend of Daniel Tibi, who mentioned the case to him.
He was able to talk directly over a cell phone to Daniel Tibi, who was at the Centro
de Rehabilitación Social de Varones of Guayaquil (hereinafter “Penitenciaría del
Litoral”), in Guayaquil, Ecuador.
Over the next two years, the witness wrote five articles on the prison situation in
Ecuador, specifically on conditions at the Guayaquil penitentiary and on the detention
of Mr. Tibi. His sources were Daniel Tibi and other inmates, members of the French
diplomatic corps, Ecuadorian journalists, including the editor of the Ecuadorian
newspaper “Hoy”, attorneys and authorities in that same country.
In 1998 he visited the Penintenciaría del Litoral, where he was able to interview
between twenty and thirty prisoners and to visit all cell-blocks in the prison, in
addition to the clinic and the punishment area. The conclusions of that investigation
were published in an article under the title “Midnight Express en Equateur”. In this
article he asserted that arbitrariness, lack of sanitary conditions, ignored epidemics
and widespread corruption were daily events for the 2,800 detainees in the
Guayaquil prison. He called the conditions in that prison infernal, which reflects the
Ecuadorian judicial system.
He underlined that the case of Daniel Tibi exemplifies the level of corruption and the
weakness of the judiciary in Ecuador. He pointed out that if Mr. Tibi had paid some
money to the officials who dealt with the case, he would have been released. Mr.
Tibi’s arrest was an outcome of the indiscriminate way in which the war against
drugs is waged. Policemen receive payments based on the number of persons they
detain. This created a perverse incentive that leads to detention of innocent
persons, who are subsequently denied their basic procedural rights.
His
investigation showed that rights are “bought and sold” in prisons in Ecuador.
b)
Testimony of Michel Robert, a physician
He studied “Etiopathy”, which is a scientific method to analyze and establish the
causes of pathological phenomena. Said methodology uses ancestral techniques of
bone repositioning to treat common injuries, trying to suppress the symptoms
instead of treating them superficially, with the aim of returning the functions of the
body through manipulation.
The treatment he gave Mr. Tibi began in June 1998 and continued until December of
that year. During the nine sessions in which Daniel Tibi attended the treatment, he
noticed that he suffered severe physical problems, such as: lack of mobility of the
back and neck, eyesight problems, face wounds, loss of texture and elasticity in the
skin which reflected a degree of malnutrition, pain from the lumbar region down to
both legs, the upper part of his back had severe tension points, and he suffered
acute headaches. The patient could not sleep. He also noticed several scars on his
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