Date: 07 September 2004
Daniel Tibi, a French national and gem merchant, was arrested, detained and tortured for his alleged involvement in drug trafficking. He was detained in preventive, pre-trial detention for over 2 years. During the first weeks of detention, he was subject to physical abuse including beating, burning and simulated drowning to excise self-incriminating statements. He was also transferred in the initial stages of his arrest to a detention facility over 600 kms away from his home base in Quito and requests for transfer were denied. While a Court ordered his release in 1997, he was not released until 1998 based on domestic criminal procedure requiring consultation prior to release of those charged with drug-related offenses. The Court held the conditions of his detention, his lack of a fair trial and effective judicial remedies were in violation of the right to fair trial and the prohibition of cruel, inhuman or degrading treatment and right to liberty. Ecuador was also held to be in violation of rights ensuring the protection of family and property
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