44 quarantine,” where he remained 45 days.73 attenuated” cell block of said penitentiary.74 Afterwards, he was taken to the “low 90.21. On December 8, 1995, Eduardo Edison García León retracted from the statement in which he incriminated Mr. Tibi, and he pointed out that “under physical and moral pressure, [he was] forced to sign an extra-procedural statement[,] under threat[,] without him being responsible for everything that is said in it,” and he impugned the statement.75 On March 6, 1996 Eduardo Edison García León issued a second statement, in which he reiterated what he said in the former one.76 90.22. On March 21, 1996 Mr. Tibi rendered his trial statement before “a notary public” or before the First Criminal Judge of the Guayas, Ángel Rubio Game. In said statement Mr. Tibi did not accept the charges against him.77 90.23. On September 3 or 5, 1997 the Second Criminal Judge of the Guayas, Alternate to the Eighteenth Criminal Judge of the Guayas, with seat at Durán, ordered the provisional dismissal of the proceeding and of the charges against the accused, in favor of Daniel Tibi. This order was consulted ex-officio to the High Court of Justice of Guayaquil.78 90.24. On January 14, 1998 the High Court of Justice of Guayaquil upheld the provisional dismissal of the proceeding and of the accused in favor of Daniel Tibi.79 19, leaf 769; and file with appendixes to the brief with preliminary objections, reply to the application and comments on the arguments and motions, leaf 1087); and official letter sent by the Director of the Centro de Rehabilitación Social de Varones de Guayaquil to the Provincial Commander of the 2d. Regiment of the Guayas on September 26, 1997 (file with appendixes to the brief with preliminary objections, reply to the application and comments on the arguments and motions, leaf 1073). 73 See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing held on July 7, 2004; and testimony of Beatrice Baruet rendered before the Inter-American Court during the public hearing held on July 7, 2004. 74 See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing held on July 7, 2004; and testimony of Beatrice Baruet rendered before the Inter-American Court during the public hearing held on July 7, 2004. 75 See preliminary statement rendered by Eduardo Edison García León before the First Criminal Court of the Guayas on December 8, 1995 (file with appendixes to the brief with arguments and motions, appendix 6, leaves 680 and 681). 76 See preliminary statement rendered by Eduardo Edison García León before the First Criminal Court of the Guayas on March 6, 1996 (file with appendixes to the brief with arguments and motions, appendix 7, leaves 683 to 685). 77 See preliminary statement rendered by Daniel Tibi before the First Criminal Court of the Guayas on March 21, 1996 (file with appendixes to the brief with preliminary objections, reply to the application and comments on the arguments and motions, leaves 1402 to 1404); and testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing held on July 7, 2004. Note: Judge Ángel Rubio Game’s signature is on the pretrial statement. However, in his testimony before the Court, Mr. Tibi asserted that “at no time did the judge receive the statement that he and Eduardo García made, which was rendered before the same “notary public” who went to the prison in March.” 78 See provisional dismissal ruling issued by the Second Criminal Judge of the Guayas, Alternate to the Eighteenth Criminal Court of the Guayas (Durán) on September 3 or 5, 1997 (file with appendixes to the application, volume I, appendix 2, leaf 106 al 109). Note: the ruling is illegible and when the parties refer to it they state that it is dated September 3, 1997, while at the end of said ruling the date is September 5, 1997.