9
copy of the disciplinary proceedings against judges Rubio Game and Angelita Albán,
for the alleged delays in processing of the criminal proceeding against Mr. Tibi;
copies of the visas granted to Mr. Tibi by the Dirección de Extranjería; visitors’ book
at the Centro de Rehabilitación Social de Varones of Guayaquil; legislation on
minimum wages; official exchange rate tables for Ecuadorian currency in regards to
the United States dollar and legal provisions regarding the benefits granted to
workers in the private sector, as well as the Political Constitution of Ecuador, the
Criminal Procedures Code, and the Law on Narcotics and Psychotropic Substances; in
all cases, those in force at the time of the facts. The Secretariat also asked the State
to resend those documents that were illegible. The Secretariat, under instructions by
the President, also asked the Commission and the representatives to submit, as
evidence to facilitate adjudication of the case, no later than August 9, 2004, some of
the documents requested of the State and to resend those documents that were
illegible. The Secretariat also asked the Commission and the representatives to
submit the birth certificates or other suitable documents of Lisianne Tibi, Sarah
Vachon, Jeanne Camila Vachon and Valerian Edouard Tibi. It also asked them to
submit the birth certificate of Oceane Tibi Conilh de Beyssac and information on her.
39.
On August 9, 2004 the Commission submitted its final written pleadings.
40.
On August 9, 2004 the representatives of the alleged victim and his next of
kin submitted their final written pleadings together with several appendixes. That
same day the representatives submitted some of the evidence to facilitate
adjudication of the case requested by the President (supra para. 38).
41.
On August 12, 2004 the Commission submitted part of the evidence to
facilitate adjudication of the case requested by the President (supra para. 38).
42.
On August 12, 2004 the State submitted its final written pleadings. It did not
submit the documentary evidence requested to facilitate adjudication of the case.
V
PRELIMINARY OBJECTIONS
43.
The state filed the following preliminary objections: 1) non-exhaustion of
domestic remedies and 2) lack of ratione materiae jurisdiction of the Inter-American
Court to hear cases regarding violations of the Inter-American Convention to Prevent
and Punish Torture.
*
*
*
FIRST PRELIMINARY OBJECTION
Non-exhaustion of domestic remedies
Pleadings of the State
44.
The State argued that:
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