22 statement has value against the person rendering it, due to the presumption of guilt imposed by the exceptional system of the LSEP. In proceedings substantiated pursuant to the LSEP, the Criminal Court orders seizure and deposit of the goods, money and other valuables used to commit the crimes of resulting from them. All monies should be deposited in Ecuador’s Central Bank, within 24 hours of the seizure, in a special account of the Consejo Nacional de Sustancias Estupefacientes y Psicotrópicas (CONSEP). Once the writ of execution had been issued ordering the confiscation or once the criminal action or the sentence had been extinguished, the Board of Directors of CONSEP definitively disposed of those goods. When a provisional dismissal was ordered, the State had to return to the accused, ex officio, the goods seized, ordering said return in the order of dismissal. However, in actual practice it was necessary to ask the judge to order their return, which was hardly ever granted. The policemen took over the goods seized from the accused in drug-related trials. The fact that the Eighteenth Criminal Judge of the Guayas ordered return of the property seized from Mr. Tibi and that the Consejo Nacional de Sustancias Estupefacientes y Psicotrópicas (CONSEP) did not comply with this order, is illegal and arbitrary. e) Testimony of Gloria Antonia Pérez Vera, an official of the Social Work Department of the Penitenciaría del Litoral The witness is an Ecuadorian national and an official of the Social Work Department of the Centro de Rehabilitación Social de Varones of Guayaquil, in Ecuador. She is somewhat familiar with the life and conduct of then detainee Daniel Tibi, given the number of inmates in the Centro de Rehabilitación de Varones of Guayaquil. She met him circumstantially, due to the rounds that she often took in the 34 cell blocks, the central aisle and the inmates’ lunchroom. In the Department where the witness worked she never received written or verbal complaints about Daniel Tibi, while he was there as a detainee. She is not aware of any reports of physical or psychological mistreatment against him. When the inmates are in poor health conditions or have suffered physical or psychological mistreatment, they come by their own means or through third parties to request help from the social work department, to receive care from the Medical Department or in various hospitals or clinics. The various countries’ consulates and embassies establish a relationship with the social work department to deal with health cases, family relations and communications, and help with provisions. That was not Daniel Tibi’s case. Mr. Tibi was kept in the high and low attenuated cell blocks, in two-person cells, with drinking water, electrical light, and toilet. These are more comfortable and hygienic facilities, where the inmates receive preferential treatment, especially if they are foreigners. The Social Work Department intervenes in penitentiary policy to foster craftsmanship and commercial activities as a means for personal and family livelihood, as well as the development of social, cultural, and recreational activities. However, she has no record of Mr. Tibi having carried out any such activities. f) Testimony of Elsy Magdalena Peñafiel Toscano, an official of the Social Work Department of the Penitenciaría del Litoral

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