46
a co-accused is contrary to the law, and it even specifies that the current account is
outside the sphere of what is being investigated.”85
90.29. On July 22, 1996 the President of the High Court of Guayaquil rejected the
judicial amparo remedy filed by Mr. Tibi, based on the fact that the merits of the
charge that were the basis for the detainee’s preventive incarceration had not been
disproved in the proceeding.86
Second judicial amparo remedy filed
90.30. On October 2, 1997 Daniel Tibi, through his attorney, filed a second judicial
amparo remedy before the President of the High Court of Justice of Guayaquil,
requesting his release due to non-fulfillment of Article 246 of the Criminal Procedures
Code and Article 22.19.d and h of the Political Constitution of Ecuador, since despite
the order for his immediate release issued on September 3 or 5, 1997 by the Second
Criminal Judge of the Guayas, Alternate to the Eighteenth Criminal Judge of the
Guayas, he was still deprived of his liberty.87
90.31. On October 21, 1997 Daniel Tibi filed before the President of the High Court of
Justice of Guayaquil a request for clarification and further explanation of the ruling
that rejected the judicial amparo remedy.88 At the time of the instant Judgment, the
Court has no information on the response to said request.
In regards to the complaint filed by Daniel Tibi
90.32. In October 1996 Mr. Tibi filed a complaint against the First Criminal Judge of
the Guayas regarding the delay to decide on his case and due to his actions.89
90.33. On October 7, 1996 the Presidency of the Comisión de Quejas y Reclamos of
the Supreme Court of Justice heard the complaint filed by Mr. Tibi against the First
Criminal Judge of the Guayas.90
90.34. On October 14, 1996 the High Court of Guayaquil ordered notification of the
ruling of the Presidency of the Comisión de Quejas y Reclamos of the Supreme Court
85
See amparo remedy filed by Daniel Tibi before the President of the High Court of Justice of
Guayaquil on July 1, 1996 (file with appendixes to the application, volume I, appendix 2, leaf 096 to 098).
86
See ruling issued by the President of the High Court of Guayaquil on July 22, 1996 (file with
appendixes to the application, volume I, appendix 2, leaves 099 to 100).
87
See amparo remedy filed by Daniel Tibi before the President of the High Court of Justice of
Guayaquil on October 2, 1997 (file with appendixes to the application, volume I, appendix 2, leaves 110
and 111).
88
See request for clarification and further explanation filed before the High Court of Justice of
Guayaquil on October 21, 1997 (file with appendixes to the application, volume I, appendix 2, leaves 112
to 113).
89
See complaint filed by Daniel Tibi against the First Criminal Court of the Guayas in October 1996
(file with appendixes to the application, volume I, appendix 3, leaves 140 to 142 ).
90
See ruling issued by the Presidency of the Comisión de Quejas of the Supreme Court of Justice on
October 7, 1996 (file with appendixes to the application, volume I, appendix 3, leaf 143).
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