43
90.17. When he was detained, Mr. Tibi was not allowed to communicate with his
spouse or with his country’s Consulate. Subsequently, he was able to inform
Beatrice Baruet that he was detained at the Cuartel Modelo in Guayaquil.64 However,
when Mrs. Baruet went to said military garrison, the officers in charge stated that Mr.
Tibi was not there. Mrs. Baruet and an attorney visited other detention centers in
Guayaquil, with the aim of finding Daniel Tibi, but they returned to the city of Quito
without having found him. A few days later, through the wife of a detainee at the
Penitenciaría del Litoral, Mr. Tibi was able to inform his then spouse where he was
detained.65
90.18. On October 4, 1995, the First Criminal Judge of the Guayas, Ángel Rubio
Game, issued a preventive detention order against Daniel Tibi and the others
accused in the “Camarón” operation, and began the criminal proceeding with the
court order to investigate the alleged crime,66 which was not notified. Mr. Tibi
learned about the content of the court order to investigate the alleged crime several
weeks later, through the defense counsel of another detainee.67 Daniel Tibi was not
brought immediately before the case judge, nor was he examined by said judge.68
90.19. Mr. Tibi had no defense counsel for a month,69 despite the fact that the court
order to investigate the alleged crime had assigned him a court-appointed defense
counsel,70 a fact that he was unaware of, and he never met this defense counsel.71
90.20. On October 5, 1995 Daniel Tibi was taken from the Cuartel Modelo de
Guayaquil to the Centro de Rehabilitación Social de Varones of Guayaquil or
Penitenciaría del Litoral,72 where he was imprisoned in the cell block known as “the
64
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.
65
See testimony of Beatrice Baruet rendered before the Inter-American Court during the public
hearing held on July 7, 2004.
66
See court order to investigate the alleged crime issued by the First Criminal Judge of the Guayas
on October 4, 1995 (file with appendixes to the application, volume II, appendix 13, leaves 393 to 407;
and file with appendixes to the brief with preliminary objections, reply to the application and comments on
the arguments and motions, leaves 1104 to 1118).
67
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004.
68
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004.
69
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.
70
See court order to investigate the alleged crime issued by the First Criminal Court of the Guayas
on October 4, 1995 (file with appendixes to the application, volume II, appendix 13, leaf 401; and file with
appendixes to the brief with preliminary objections, reply to the application and comments on the
arguments and motions, leaf 1112).
71
See testimony of Daniel Tibi rendered before the Inter-American Court during the public hearing
held on July 7, 2004.
72
See control table of the Dirección Nacional de Prisiones (file with appendixes to the application,
volume III, appendix 34, leaf 579; file with appendixes to the brief with arguments and motions, appendix
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