8
Witness offered by the Inter-American Commission on Human Rights and by the
representatives of the alleged victim and his next of kin:
Daniel David Tibi.
Witness offered by the representatives of the alleged victim and his next of kin:
Beatrice Baruet.
Witness offered by the State of Ecuador:
Juan Montenegro.
Expert witness offered by the Inter-American Commission on Human Rights:
Carlos Martín Beristain.
Expert witnesses offered by the representatives of the alleged victim and his next of
kin:
Ana Deutsch, and
Santiago Argüello Mejía.
34.
On July 7, 2004, during the public hearing, the representatives submitted a
compact disc.
35.
At that same public hearing before the Court, witness Juan Montenegro
submitted documents regarding the case, and expert witness Santiago Argüello Mejía
submitted a written expert opinion entitled “Dictamen en el caso Daniel Tibi vs.
Ecuador. (Sistema Penitenciario). Corte Interamericana de Derechos Humanos”.
36.
On July 11, 2004 the representatives submitted comments on the statements
of Elsy Magdalena Peñafiel Toscano and Gloria Antonia Pérez Vera. They argued that
both statements were identical, that the State itself had pointed out that they were
“joint” statements, and that they contradicted them “regarding both form and
substance.” Therefore, they asked the Court to disallow them.
37.
On July 12, 2004 the Commission submitted its comments on the statements
by Elsy Magdalena Peñafiel Toscano and Gloria Antonia Pérez Vera. It pointed out
that they were identical, that they were submitted in an untimely manner, that they
did not reflect direct knowledge of any facts, and that they did not fulfill the formal
and substantive requirements. The Commission asked the Court to disallow these
statements.
38.
On July 27, 2004 the Secretariat, under instructions by the President, asked
the State to submit, as evidence to facilitate adjudication of the case, no later than
August 9, 2004, the following information: documents pertaining to new rulings
issued in the criminal proceeding; steps taken in regards to the judicial amparo
remedy filed on October 2, 1997; copy of the ruling on the inquiry in connection with
the September 23, 1998 judicial decision; steps taken to return Mr. Tibi’s seized
property; medical traumatological and dermatological reports, if Mr. Tibi was thus
examined; steps taken, if any, regarding the alleged torture suffered by Mr. Tibi;
draft medical interview by Juan Montenegro with Mr. Tibi on September 19, 1997;
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