52
90.51. While he was in prison, Daniel Tibi was examined twice by Ecuadorian
physicians appointed by the State. They verified that he had suffered wounds and
traumatism,111 but he never received medical treatment and the cause of his ailing
was never investigated. Furthermore, he was never thoroughly examined.112 After
his return from France, Mr. Tibi was examined by French physicians, who verified the
injuries that he had suffered.113
90.52. Mr. Tibi has suffered severe physical damage, including: loss of hearing in one
ear, eyesight problems in the left eye, a broken nasal septum, injury of the left
cheek bone, scars from burns on his body, broken ribs, broken and deteriorated
teeth, blood problems, disk and inguinal hernias, maxillary displacement, he either
contracted hepatitis C or this condition worsened, and cancer, called digestive
lymphoma.114
111
See report prepared by doctor Jorge Vivas Tobar, third physician of the Centro de Rehabilitación
Social de Varones of Guayaquil on November 13, 1996 (file with appendixes to the brief with arguments
and motions, appendix 12, leaf 701; and file with appendixes to the brief with preliminary objections,
reply to the application and comments on the arguments and motions, leaf 1093); forensic medical
examination conducted by the physicians appointed by the Eighteenth Criminal Judge of the Guayas
(Durán), doctors Juan Montenegro and Jorge Salvatierra on September 19, 1997 (file with appendixes to
the brief with arguments and motions, appendix 32, leaf 1043); and official letter N° 389 DNRS-SG
addressed by the Supervisor General, attorney for the Dirección Nacional de Rehabilitación Social, to the
Director Nacional de Rehabilitación Social on August 8, 2000 (file with appendixes to the brief with
arguments and motions, appendix 11, leaf 698).
112
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004; expert opinion of Carlos Martín Beristain rendered before the Inter-American Court
during the public hearing held on July 7, 2004; and testimony of Juan Montenegro rendered before the
Inter-American Court during the public hearing held on July 7, 2004.
113
See medical certificate prepared by doctor Philippe Lesprit, Head clinical assistant at the Henri
Mondor hospital dated January 26, 1998 (file with appendixes to the application, volume I, appendix 2,
leaf 73); medical certificate prepared by doctor Pascale Barre of the Centre Hospitalier Universitaire de
Dijon on March 28, 1998 (file with appendixes to the application, volume I, appendix 2, leaves 76 and
77); documentation regarding the septorinoplasty (file with appendixes to the application, volume I,
appendix 2, leaves 79 and 80); medical certificate prepared by doctor Christian Rat, of the Centre
Hospitalier Universitaire de Dijon on February 16, 1998 (file with appendixes to the brief with arguments
and motions, appendix 33, leaf 1045); medical certificate prepared by doctor Philippe Blanche, of the
Groupe Hospitalier Cochin,- Saint Vicent De Paul-La Roche-Guyon (file with appendixes to the brief with
arguments and motions, appendix 36, leaf 1059; and file with evidence to facilitate adjudication of the
case submitted by the Inter-American Commission, single volume, leaves 1058 to 1063); and medical
certificate prepared by doctor Gèrard Benayoun, expert pres la Court D´Appel de Paris, on November 8,
2001 (file with appendixes to the brief with arguments and motions, single volume, appendix 35, leaves
1050 to 1057).
114
See expert opinion of Carlos Martín Beristain rendered before the Inter-American Court during
the public hearing held on July 7, 2004; medical certificate prepared by doctor Virginia Miranda and
clinical analyses by the Centro Clínico y Dermatológico San Luis of Ecuador on January 22, 1998 (file with
appendixes to the application, volume I, appendix 2, leaves 066 to 071); medical certificate prepared by
doctor Philippe Lesprit, Head clinical assistant at the Henri Mondor hospital dated January 26, 1998 (file
with appendixes to the application, volume I, appendix 2, leaves 73 and 74); medical certificate prepared
by doctor Pascale Barre of the Centre Hospitalier Universitaire de Dijon on March 28, 1998 (file with
appendixes to the application, volume I, appendix 2, leaves 76 and 77); documentation regarding the
septorinoplasty (file with appendixes to the application, volume I, appendix 2, leaves 79 and 80); medical
certificate prepared by doctor Christian Rat, of the Centre Hospitalier Universitaire de Dijon on February
16, 1998 (file with appendixes to the brief with arguments and motions, appendix 33, leaf 1045); report
prepared by doctor Jorge Vivas Tobar, third physician of the Centro de Rehabilitación Social de Varones of
Guayaquil, on November 13, 1996 (file with appendixes to the brief with arguments and motions,
appendix 12, leaf 701; file with appendixes to the brief with preliminary objections, reply to the
application and comments on the arguments and motions, leaf 1093); forensic medical examination
conducted by physicians appointed by the Eighteenth Criminal Judge of the Guayas (Durán), doctors Juan
Montenegro and Jorge Salvatierra on September 19, 1997, (file with appendixes to the brief with
arguments and motions, appendix 32, leaf 1043); laboratory report by the Laboratoire de Biologie Lé-
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