38
88.
In regards to the testimony of Juan Montenegro and the expert opinions of
expert witnesses Ana Deutsch and Santiago Argüello Mejía (supra paras. 33 and
73(c), 73(e) and 73(f)), which were neither challenged nor disputed, the Court
admits them and grants them evidentiary value. Regarding the expert opinion of
expert witness Carlos Martín Beristain (supra paras. 33 and 73(d)), this Court admits
it because it deems it useful to rule on the instant case, but it also takes into account
the assertion by the State that this expert opinion had the same flaws as the reports
rendered by French doctors Christian Rat, Samuel Gèrard Benayoun, and Philippe
Blanche (supra para. 82), and it assesses it within the context of the body of
evidence, in accordance with the rules of competent analysis.
89.
In the aforementioned terms, the Court will assess the evidentiary value of
the documents, statements and expert opinions submitted in writing or rendered
before the Court. The evidence submitted during the proceeding has been included in
a single body of evidence, which is considered as a whole.28
VII
PROVEN FACTS
90.
After examining the documents, the statements of the witnesses, the expert
opinions of the expert witnesses, and the arguments of the Commission, of the
representatives of the alleged victim and his next of kin and of the State, this Court
deems the following facts proven:
In regards to Daniel Tibi and his next of kin
90.1. Daniel Tibi, a French national, was born on November 23, 1958 and he was
36 years old at the time of the facts.29 He lived in the city of Quito, Ecuador, was an
Ecuadorian art and gems merchant, and he stated that he did not have a merchant
matriculation.30 He was detained by agents of the State on September 27, 1995.31
After being deprived of his liberty for twenty-seven months, three weeks, and three
days, he was released on January 21, 1998.32
28
See Case of the Goméz Paquiyauri Brothers, supra note 8, para. 66; Case of the 19 Tradesmen,
supra note 9, para. 82; and Case of Herrera Ulloa, supra note 3, para. 74.
29
See copy of the passport of Daniel Tibi (file with preliminary objections and merits, reparations
and costs, volume I, leaf 62).
30
See general certificate of alienage; certificate of registration in the Registro de Extranjeros.
Ministerio de Gobierno. Republic of Ecuador; official letter sent by the Director General de Extranjería to
the head of the Registro Civil, Identificación y Cedulación on September 4, 1995 (file with appendixes to
the brief with arguments and motions, appendix 5, leaves 675 and 676); testimony of Daniel Tibi rendered
before the Inter-American Court during the public hearing held on July 7, 2004; and testimony of Beatrice
Baruet rendered before the Inter-American Court during the public hearing held on July 7, 2004.
31
See report submitted to the provincial head of INTERPOL at Pichincha on September 27, 1995
(file with appendixes to the application, volume II, appendix 13, leaf 214; file with appendixes to the brief
with arguments and motions, appendix 2, leaf 668; and file with appendixes to the brief with a Preliminary
Objection, reply to the application and comments on the arguments and motions, leaf 1292).
32
See release warrant issued by the Second Criminal Judge of the Guayas, Alternate to the
Eighteenth Criminal Court of the Guayas (Durán) on January 21, 1998 (file with appendixes to the
application, appendix 34, leaf 585; and file with appendixes to the brief with preliminary objections, reply
to the application and comments on the arguments and motions, leaf 1095); and testimony of Daniel Tibi
rendered before the Inter-American Court during the public hearing held on July 7, 2004.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos