6
other things, prevented Mr. Tibi from adequately seeing to his physical
and psychological recovery, and
iii.
the State has not paid any compensation for moral and
pecuniary damages to Mr. Tibi and his family. Lack of compliance with
this measure has caused them great suffering. Ever since Mr. Tibi
went back to France, he has been unable to find a stable job, finance
initial projects or rehabilitate into society. His financial condition is
seriously deteriorated.
f)
as regards to the return of property seized from Mr. Daniel David Tibi
at the time of his detention:
i.
in relation to the Volvo vehicle, plate number PGN-244:
i.a.
the vehicle was auctioned off and its value was appraised while
it was in the warehouse of the Consejo Nacional de Sustancias
Estupefacientes y Psicotrópicas (CONSEP) (National Control Council of
Narcotics and Psychotropic Substances), out of order, exposed to wind
and weather and with several flaws; hence, it did not have the same
commercial value it had when it was seized from Mr. Tibi. Therefore,
the State must pay Mr. Tibi the amount in substitution ordered by the
Court;
i.b.
the State must pay Mr. Daniel David Tibi the amount
corresponding to the market price of the vehicle in September 1995
and not the amount obtained at the auction sale;
ii.
in relation to other property:
ii.a.
the victim has expressed that "it is impossible for him to
determine [by inspecting the videotape and the affidavit submitted by
the State] whether the property shown is actually his[, since] the
affidavit describes the property only superficially and the videotape
shows it from a long distance";
ii.b.
in relation to the stones appraised by Mr. Paul Cevallos-Abad in
his report, Mr. Tibi has remarked that "the stones described there are
not his stones". Mr. Tibi expressed that "the shape, size and weight of
most of the stones does not coincide with the quality, size and weight
of the stones he had when he was deprived of his freedom".
Therefore, Mr. Tibi refrains from receiving the stones described in Mr.
Cevallos-Abad's report. We suggest that the stones be sent to the
Ecuadorian Embassy in France so that Mr. Tibi can personally verify
their quality, size and purity, and, if they are not his stones, that the
Court order Ecuador to comply with the provisions of paragraph 237 of
the Judgment delivered by the Tribunal on September 7, 2004, and
ii.c.
they requested the Court to decide whether or not compliance
with said measure implies, as the State has expressed it, returning
the amount of US$ 2,530 (two thousand five hundred US Dollars) paid
at the auction sale of the vehicle and the stones examined by Mr. Paul
Cevallos-Abad and described in his report. The State must pay the
amount set forth in the Judgment, since, in practice, returning all the
property that was taken from Mr. Tibi when he was illegally detained
has proved impossible.
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