77
deficient medical care received by the alleged victim constitutes a violation of Article
5 of the American Convention.
158. On the other hand, the representatives of the alleged victim and his next of
kin argued that the State had breached, to Tibi’s detriment, Article 5(4) of the
American Convention, which establishes that, “save in exceptional circumstances,”
unconvicted persons shall be segregated from convicted prisoners, and shall receive
adequate treatment according to their status as such. In the instant case, it has
been proven (supra para. 90)(49)) that there was no system to classify the
detainees at the penitentiary where Mr. Tibi was incarcerated, and that for this
reason he had to be with convicted inmates and was exposed to greater violence.
The Court deems that the lack of segregation of the inmates that has been described
constitutes a violation of Article 5(4) of the American Convention.
159. It is the understanding of the Court that, in light of the general obligation of
the States party to respect and ensure the rights of all persons under their
jurisdiction, contained in Article 1(1) of the American Convention, the State has the
duty to immediately and ex officio begin an effective investigation to identify, try,
and punish those responsible, when there is a complaint or there are grounds to
believe that an act of torture has been committed in violation of Article 5 of the
American Convention. In the instant case, the Court notes that the State did not act
in accordance with these provisions. Daniel Tibi suffered serious injuries while he was
detained at the Penitenciaría del Litoral, and this should have been sufficient reason
for the competent authorities to begin, upon their own initiative, an investigation of
what happened to him. This action is also specifically set forth in Articles 1, 6 and 8
of the Inter-American Convention against Torture, which place the States Party
under the obligation to take such effective measures as may be necessary to prevent
and punish all acts of torture under their jurisdiction.158 Since said Inter-American
Convention against Torture entered into force in Ecuador (December 9, 1999), the
State is demandable regarding compliance with the obligations set forth in that
treaty. It has been proven that, in the period since that date, the State has not
investigated, tired, or punished those responsible for the tortures suffered by the
alleged victim. Therefore, the Court deems that this conduct constitutes a violation
of Article 5 of the American Convention, in combination with Article 1(1) of this same
Convention, as well as non-compliance with the obligations set forth in Articles 1, 6
and 8 of the Inter-American Convention against Torture.
160. This Court notes that the right to humane treatment of Beatrice Baruet, of her
daughters Sarah y Jeanne Camila Vachon, of Lisianne Judith Tibi, her and Mr. Tibi’s
daughter, and of Valerian Edouard Tibi, Mr. Tibi’s son, suffered detriment as a
consequence of the unlawful and arbitrary detention, lack of due process, and torture
suffered by the alleged victim. This detriment consisted, among other things, of the
anguish caused by not knowing the whereabouts of the alleged victim immediately
after his detention, and the feeling of powerlessness and insecurity due to negligence
of the State authorities to make Mr. Tibi’s unlawful and arbitrary detention cease, as
well as their fear for the life of the alleged victim.
161. In the sub judice case, it has been proven that the members of Daniel Tibi’s
household were affected by numerous circumstances, such as: constant trips made
by Mrs. Baruet, sometimes with her daughters, more than six hundred miles from
158
See Case of Maritza Urrutia, supra note 8, para. 95.
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