102
Pleadings of the representatives of the victim and his next of kin
252. The representatives of the victim and his next of kin endorsed the request by
the Commission, and asked that the State:
a)
to investigate, try, and punish those responsible for the violations of
Daniel Tibi’s human rights and all those who by maliciously or by omission
have allowed total impunity to prevail;
b)
to publicly disseminate the results of the investigation, for society to
know the truth;
c)
to vindicate Mr. Tibi’s image and to carry out a public act of
acknowledgment of its responsibility in the instant case and to publicly
apologize to Daniel Tibi, Beatrice Baruet and their family;
to publish, in the three most widely read newspapers in Ecuador, and
d)
to pay for another publication in the most widely read newspapers in France,
of the part regarding the facts, rights, and operative paragraphs of the
judgment issued by the Court, as well as an apology to the victim and his
next of kin, and a commitment by the State to ensure that facts such as these
will never happen again;
e)
to publish the judgment of the Court in Ecuador’s official gazette,
Diario Oficial;
f)
to produce a 30 minute video narrating the facts of the case, and
publicly acknowledging participation of the agents of the State and lack of
investigation on them;
g)
to adapt domestic legislation to the international standards: American
Convention and Inter-American Convention against Torture; to penalize
torture as a specific crime; and to repair the damage caused to the victims of
torture, by means of specialized treatment and fair financial compensation;
h)
to adjust domestic procedural legislation so that preventive
imprisonment is the exception rather than the rule, to ensure that detainees
are not incarcerated indefinitely, and to only grant evidentiary value to
confessions and statements rendered before judges;
i)
to adjust prison conditions to international standards, and to provide
the financial means for the Dirección Nacional de Rehabilitación Social to
conduct said adjustments;
j)
to conduct an administrative or disciplinary proceeding against the
judges who heard Mr. Tibi’s case;
k)
to abstain from resorting to mechanisms such as amnesty,
extinguishment and establishment of exemptions of liability, as well as any
other measure geared toward impeding criminal prosecution or suppressing
the effects of a conviction;
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