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unbearable and it made him faint. During that period he feared for the life of his
wife and his two daughters, because they were alone. He wanted to file a complaint
about the torture. He discussed this with other detainees, who told him not to do so
because they would surely kill him. So he decided not to, but resolved to file the
complaint once he was free.
During his detention, the witness had access to a physician three times, but they
only examined him, and he never received treatment. Once he asked the French
Consul in Ecuador to ask the Director of the prison to take him to the hospital, but
that time the agents of the State sought to apply the “flight law” [“ley de fuga”],
which consists of killing the detainees pretending that they sought to escape. In
September and October 1997 he was examined by a physician. The physician
examined him while standing, for five minutes, and ordered no treatment. At the
time of this examination Mr. Tibi had a jaw injury, because at the last torture session
he had been beaten with a stick that sunk his face and broke his teeth. Due to this
situation, he had to go to another detainee, who had a dental service business and
made him a prosthesis.
Through the attorney of another detainee he was able to see the court order to
investigate the alleged crime, which had been the basis for including him in the
investigation. Many individuals were listed in that document. Only two lines referred
to him. Eduardo Edison García León said in his statement that the witness had twice
sold him up to fifty grams of cocaine. The witness explained that the judge never
received the statement that he and Eduardo Edison García León made before the
same notary public who went to the prison in March. In these statements, they
pointed out that the police report was false and that the statement had been made
under duress.
In regards to the proceeding, the witness found out that the case against him had
been dismissed, and then he filed two judicial amparo remedies. In the first one, the
judge in charge of the case “received” it and “heard” it. He then rejected the judicial
amparo. Subsequently, he filed a second judicial amparo remedy before the High
Court, and he stated his case to minister Milton Moreno, pointing out that he could
request amparo for his release because the proceeding against him had been
dismissed for lack of any evidence of the crimes alleged; however, he remained in
prison. His petition was rejected.
One night in the Penintenciaría del Litoral is like hell. A normal human being cannot
bear it. Those who had no cells spent the time in the aisles, climbing the walls,
moving from one cell-block to another and trying to steal through the cell bars. They
also went into the cell-blocks to smoke crack. One could buy anything in this prison,
there were drug deals, cocaine, alcohol and weapons. People went around armed. It
was a place where one had to be wary, both of those outside and those inside.
He often had problems with the other inmates, because they saw him as a foreigner
and wanted to take money from him. However, the guards never intervened. This
kept him in a state of fear. Due to a fight he was taken to the punishment cell. There
he was confined between four walls; the floor was a garbage dump; there was a hole
in the bottom and water coming out of the wall; there was no light or ventilation; he
had access to no food. For a long time he remained isolated, because he was afraid
of the aggressions of other inmates. He always tried to get along peacefully, which
was difficult because there was no separation between the more dangerous criminals
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