72 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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