24
In 1997 he received a letter from Beatrice Baruet, informing him of Daniel Tibi’s
detention and stating that she needed money. When he talked to her she was
desperate, for which reason he contacted friends and relatives to send money to
Ecuador. He was able to communicate with the alleged victim in prison, and realized
that he was terrified and thought that he was going to die there. Both Mr. Tibi and
Beatrice Baruet sent him documents, photographs, and press reports in connection
with his case, which he organized for the press and for certain members of the
Ecuadorian and French diplomatic corps.
When Mr. Tibi returned to France, the witness saw him as a survivor of a
concentration camp; before going to prison he was strong, muscular, and healthy,
and when he returned he was ill, weak, and tired. The witness deems that Mr. Tibi
will never forget or overcome what happened to him in Ecuador, despite his hope of
obtaining justice.
*
*
*
74.
The representatives filed several appendixes with the final written pleadings
and part of the evidence requested to facilitate adjudication of the case (supra para.
40).21
75.
The Commission submitted part of the evidence to facilitate adjudication of
the case requested by the Secretariat, under instructions by the President (supra
para. 41).22
B) TESTIMONY AND EXPERT OPINIONS
76.
On July 7 and 8, 2004 the Court heard the statements of witnesses Daniel
Tibi, Beatrice Baruet and Juan Montenegro, and of expert witnesses Carlos Martín
Beristain, Ana Deutsch and Santiago Argüello Mejía, offered by the Inter-American
Commission, the representatives and the State, in turn (supra para. 33). The Court
will now summarize the significant parts of said testimony and expert opinions.
a)
Testimony of Daniel Tibi, alleged victim
A French national, he currently lives in Sceaux, France. At the time of the facts he
lived in the city of Quito with his family and children, and he had lived there for
several years. He had a gem business that was doing well. The family decided to
live in Quito because it had “seduced” them. They liked Ecuador. Everything was
going perfectly. They were happy. But one day everything changed.
The day of the facts his captors, in civilian dress and armed, made him get on a car
that was not an official one. To detain him, they told him that it was migration
control, but they gave him no document or order of a competent authority. He was
not informed of his right to an attorney and to consular assistance. He accepted, in
21
See file with appendixes to the written pleadings of the representative of the alleged victim and
his next of kin, appendixes 1 to 7, leaves 1899 to 2063; and file with evidence to facilitate adjudication of
the case submitted by the representatives of the alleged victim and his next of kin, single volume,
appendixes 1 to 14, leaves 2064 to 2349.
22
See file with evidence to facilitate adjudication of the case submitted by the Inter-American
Commission, single volume, leaves 1565 to 1897.
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