28
At the time of his detention, his property included the gems (which were almost all of
what they seized), the land that he had bought, which was worth US$80,000 (eighty
thousand United States dollars) and the bank accounts with US$300,000 (three
hundred thousand United States dollars). While he was in prison, his former spouse
had to work. He also received help from his family, who sent him money, but when
this was not enough he began to sell everything they had, to pay for the trips, the
expenses and the attorneys.
Before moving to Ecuador, he spent ten years outside France. After his release, he
returned to this country, where he feels that he is undergoing a second punishment.
He did not want to live there. He left France because he wanted to live in another
country, life there was not for him, and when he returned he found a country that he
did not know, he was unable to work and was in very poor conditions physically. For
his family, this also meant the end of a dream, as they were happy living in Ecuador
and they returned to a country that they did not know and did not like.
When he arrived in France he underwent facial surgery, they operated on his face,
the malar, the nose, and also a disk hernia; he had holes in the abdominal walls, a
crushed vertebra. He had aged about twenty years. Now he cannot make any
physical efforts, and he needs to undergo another operation. He suffered hepatitis.
The physicians have told that this was surely a consequence of the conditions of his
detention. He also has stomach cancer.
Justice has not been done in his case. For him, justice entails not detaining a person
the way they detained him, that is, based only on a police report that mentions his
name in two lines without having corroborated anything, destroying families, lives,
without anyone worrying about the damage done. His honor in Ecuador and France
has suffered, because up to now there has been no official information that his case
was dismissed, and therefore, he has not been found innocent. For this reason many
people think, to date, that he is guilty.
The “moral damage” that he suffered must be redressed through public
acknowledgment of what happened, by means of an official acknowledgment in the
printed media and on television, stating that his rights were violated and that he was
detained in an arbitrary manner; the judgment finding him innocent and that he
never participated in criminal activities must also be published. He also wants the
State to acknowledge its incompetence in applying the country’s laws, and that there
was a major injustice in his case; to acknowledge that things must change to
improve treatment of unsentenced detainees, that the State must accept its
responsibility for everything that happened to him, and must take steps to avoid
recidivism of these actions.
b)
Testimony of Beatrice Baruet, who was the alleged victim’s
spouse
She currently lives in France; she met Mr. Tibi in Ecuador in 1992 and she was his
common-law spouse for seven years. When she met him he was a pleasant, happy
and generous person. She fell in love with him because he was very charitable.
During the time they lived together in Ecuador, their plans were to remain in that
country. He had a job as a professor at the French secondary school, where she
earned approximately US$2,000 (two thousand United States dollars) a month, and
Mr. Tibi had an emerald and painting business.
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