18
65.
The Court finds that the moral damages inflicted on Mr. Suárez Rosero are
evident, for it is characteristic of human nature that anyone subjected to the kind of
aggression and abuse that have been proved, experiences moral suffering. The
Court holds that no evidence is required to arrive at this finding. (Loayza Tamayo
Case, supra 40, para. 138)
66.
Likewise, the Court finds that given the existence of grave violations to the
detriment of Mr. Suárez Rosero, it must be presumed that they had an effect on Mrs.
Ramadán Burbano and his daughter, given the specific facts of this case.
67.
Taking into account the particular circumstances of the case and the decisions
on moral damages in other similar cases (inter alia Neira Alegría et al. Case
(Reparations) supra 40, para. 58; Caballero Delgado and Santana Case
(Reparations), supra 40, para. 50, and Loayza Tamayo Case (Reparations), supra
40, para. 139), the Court finds it equitable to award compensation for moral
damages in the amount of US$ 20,000.00 (twenty thousand dollars of the United
States of America) to Mr. Rafael Iván Suárez Rosero, the amount of US$ 20,000.00
(twenty thousand dollars of the United States of America) to Mrs. Margarita
Ramadán Burbano, and the amount of US$ 10,000.00 (ten thousand dollars of the
United States of America) to the minor Micaela Suárez Ramadán.
X
OTHER FORMS OF REPARATIONS
68.
Mr. Suárez Rosero requested in his reparations brief and in the public hearing
that the State apologize to him and his family and that ‘it make an official statement
or arrive at a judicial decision that would restore his dignity, reputation, and legal
rights.” For its part, the Commission asked the Court to order the State to apologize
to Mr. Suárez Rosero for the acts and omissions of the Ecuadorian authorities against
him.
69.
In the public hearing, Mr. Suárez Rosero submitted as expert evidence the
statement of his therapist, who stated that the solution to overcoming the
psychological problems of Mr. Suárez Rosero and the suffering that his entire family
still experienced “is an admission on behalf of the State, a clearing of his name, a
restoration of his dignity,” and that this admission is “an indispensable, irreplaceable
necessity.”
70.
Moreover, Mr. Suárez Rosero stated that the Ecuadorian Courts have not
ruled on the appeal of his conviction, even though the respective time period
established by law for this purpose has expired.
71.
During the public hearing, the State argued that it had complied with the
obligations set by the Court in its judgment on the merits of this case, that it has
cooperated in other cases against it, and that it has fulfilled its obligation with the
improvement of the general standards of human rights. With respect to the request
of Mr. Suárez Rosero and the Commission that it apologize to him, the State
commented that its presentation before the Court during this stage is a public
expression of its recognition of the judgment rendered in favor of Mr. Suárez Rosero,