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legs from cigar burns, round and deep. He deemed that Mr. Tibi’s physical problems,
which included beatings, malnutrition, stress, and bad posture, were the direct result
of prison conditions.
The treatment applied to Daniel Tibi focused on increasing flexibility and mobility of
the spinal cord through manipulation. He taught him relaxation techniques, with the
aim of improving his sleep. Through the treatment, the mobility of the back and
neck improved, but he was unable to fully restore the mobility field due to the severe
damage suffered. The headaches only diminished.
He recommended immediate psychological treatment for Daniel Tibi, taking into
account that there were drastic changes in his emotions.
c)
Testimony of Laurent Rapin, French Ambassador to Ecuador at
the time of the facts
He was the French Ambassador to Ecuador from April 1993 to July 1997. He heard
about Daniel Tibi’s detention through his family and his attorney, and also through
the Ecuadorian authorities. He does not recall the date of the official notification to
the French Embassy by the Ecuadorian State. He was never informed that he had
been tortured, and he pointed out that this point could be corroborated by Mrs.
Durin, French Honorary Consul in Guayaquil at the time, but he certified that the
conditions of detention were precarious and difficult.
Personally, together with the consul and other officials of French institutions, he
regularly addressed Ecuadorian authorities to request that normal and legal trial
procedures be implemented in the case of Daniel Tibi. As a consequence of the
separation among the branches of government, the decision was up to the judges,
who did not answer his request. The main object of his official actions had to do with
delays in the proceeding.
He deemed that keeping Mr. Tibi in prison without trial for such a long period was a
time-related denial of justice.
d)
Testimony of expert witness César Banda Batallas, an attorney
In criminal proceedings for crimes defined in the Law on narcotics and psychotropic
substances [Ley de Sustancias Estupefacientes y Psicotrópicas] (hereinafter “LSEP”)
in force in 1995, actio popularis was allowed to file complaints of violations. In those
cases, the law did not accept bail bond, suspended sentence, pre-release, controlled
release, or the benefits of the law on commutation of sentence and on pardon.
The police report and the statement and the pre-trial statement rendered by the
indictee in the presence of the district attorney constitute a “grave presumption of
guilt,” provided that the corpus delicti is verified. The judge must follow the rules of
competent analysis in the appraisal of the facts and the evidence. In practice, this
was not done. The narcotics police report had full evidentiary value.
In 1995, the LSEP incurred in “many unconstitutionalities,” such as excessive
breadth of the spectrum of criminal definitions, criminalization of consumption, and
accumulation of sentences. During the nineties, the narcotics police in Ecuador had
structural flaws, such as the lack of appropriate legal guarantees. Furthermore,
there were problems due to the high number of drug-related trials in the criminal
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