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The impact of Daniel’s detention on her life and on that of her family has been very
great. Everything changed for them. Their project of living together in Ecuador
came to an end.
Daniel Tibi’s physical and mental conditions changed; from being a healthy, strong
man, with enough weight, he became a “ghost;” he had lost much weight, his face
had changed, the eye and the bone were displaced; he had burns on his legs, pain
throughout the body, he was in very bad shape. Mr. Tibi changed as a consequence
of the time he spent in prison; he changed with her and with the girls; it was very
difficult.
Justice in this case would not only be acknowledgment of Daniel Tibi’s innocence, but
also guarantees that these facts will not take place again.
c)
Expert opinion of Juan Montenegro, a physician
He lives in the city of Guayaquil. He works for the forensic medical service in that
city, as Head of the Department of Forensic Medicine. He is in charge of issuing
forensic medical expert reports regarding physical injuries, aggressions against
sexual liberty, psychiatric assessments, and forensic medical autopsies requested by
the respective authorities.
On September 19, 1997 he examined Mr. Tibi in response to a request by the
Eighteenth Criminal Judge of the Guayas, included in a formal petition made on
September 18 of that year, in which he was ordered to conduct a “detailed and
extensive” forensic medical examination of the detainee, and the results should be
forwarded as soon as possible. This petition was due to a written request by Mr.
Tibi’s defense attorney, in which he stated that he was in ill health and required
judicial authorization to transfer him to a private clinic. Therefore, the judge issued
an order for the forensic medical service of the National Police in Guayaquil to
conduct an assessment and establish whether it was truly necessary to transfer him
to a “health clinic.” The examination showed that Mr. Tibi had injuries in his upper
and lower extremities, in the thorax, and that the left side of his face was
asymmetric due to compression of a facial bone. Since he found flaying associated
with inflammatory and infectious processes in the upper and lower extremities and
the thorax, which were infected and had purulent material, he recommended that
they be treated by a dermatologist. The flaying could have been caused by any
trauma or by friction due to scratching, and it was infected. There was multiple
flaying in the front and lower thorax, and in the upper and lower limbs. He does not
recall the exact number. He described these wounds as covering approximately half
a centimeter, but some were larger than others, and their color was reddish “turning
brownish,” because almost all of them were infected. He did not find lesions due to
burns or electricity. If he had been informed that these injuries were due to acts of
torture, he would have reported this to the authority who requested the examination,
but he does not recall Daniel Tibi having informed him of this; instead, he
commented to him that the injury in the malar region was caused by a cellmate and
that the skin injuries were due to the climate and the presence of insects in the area.
He cannot assert or deny that the Daniel Tibi’s injuries were caused by torture. His
examination of Mr. Tibi lasted twenty to twenty-five minutes. He used the necessary
technical means for a general examination: a densitometer and a stethoscope. The
polyclinic at the rehabilitation center has no advanced technology to conduct
examinations.
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