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Respect for Daniel Tibi’s next of kin’s right to humane treatment
m)
the next of kin of the victims of human rights violations may, in turn,
be victims. Torture of an individual has adverse consequences for that
person’s next of kin;
n)
the persons closest to Daniel Tibi are Beatrice Baruet, Beatrice’s
daughters Sarah and Jeanne Camila Vachon, the daughter of both of them,
Lisianne Judith Tibi, and Mr. Tibi’s son, Valerian Edouard Tibi. These persons
must be considered victims in the instant case, as their right to psychological
and moral well-being has been violated as a “direct [consequence] of Mr.
Tibi’s unlawful and arbitrary detention, of the uncertainty regarding his
whereabouts for over a week, of the anguish caused by observing the signs of
extreme violence on [Mr. Tibi] and his miserable jail conditions, family
separation during the time he was imprisoned, exacerbated by the
unnecessary physical distance between the place of detention and the place of
residence of the family, lack of investigation and punishment of those
responsible for these facts, slowness and arbitrariness in the criminal
proceeding, and the knowledge that Mr. Tibi was innocent and nevertheless
seeing how the State apparatus sought by all means to incriminate him;”
ñ)
Beatrice Baruet was three months pregnant when Daniel Tibi was
detained; he was unaware of his whereabouts for over seven days, traveled
approximately 74 times to Guayaquil, had to support the family and was in
charge of steps for her husband’s defense, suffered social stigmatization due
to Mr. Tibi’s detention and, ultimately, her relationship with him ended when
he was released;
o)
Sarah, Beatrice Baruet’s older daughter, who was twelve years old,
returned to France and remained there close to two years without her
parents, suffered problems at school and emotionally, and found it difficult to
adapt to that country;
p)
Jeanne Camila, Beatrice Baruet’s second daughter, who was six years
old, accompanied her mother to the penitentiary. She was traumatized when
she witnessed a prison fight, suffered nightmares and anxiety, and did not
want to return to the prison;
q)
Lisianne Judith was born while her father was detained. He was not
present for her during the first two years of her life. She was often taken by
her mother to the penitentiary, where she was subject to an unhealthy and
dangerous environment for a newborn; and
r)
Valerian Edouard, Mr. Tibi’s son, who was 13, could not visit or see his
father for two years. Since he heard that he was detained, he lost trust in his
father and still does not have a stable relationship with him.
Pleadings of the State
141.
Regarding the point that is now being examined, the State argued that:
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