13
expenses of rehabilitation, etc. What can be discussed is the amount in those categories,
if this offer to pay fifty thousand dollars is reasonable or if it should be more or less [...]
However, in the view of the Commission it is a appeasement of the procedural claims for
compensation and reparations.
The Commission also stated that there were categories not covered by the State in
its offer of reparations, particularly, those referring to the obligation to investigate
and to adopt measures of non repetition.
50. The Court finds that, as the Commission has stated, the statements of the State
constitute an express acceptance of the categories of pecuniary reparations
demanded by Mr. Suárez Rosero. Therefore, in respect to these categories, the
Court will limit its analysis to the amount of the payments required.
51. The State did not include in its offer any reference to non pecuniary measures of
reparations. For that reason, the Court will proceed to study their justification, using
the information at its disposition.
VII
BENEFICIARIES OF THE REPARATIONS
52. These is no dispute as to who are considered to be the beneficiaries of the
measures of reparations. Mr. Suárez Rosero, the Commission, and the State have
agreed in stating that Mr. Suárez Rosero, Mrs. Ramadán Burbano, and the minor,
Micaela Suárez Ramadán, are the beneficiaries.
53.
The Court finds that this designation is in accordance with its case law and
with the terms set forth in operative paragraph seven of its November 12, 1997
Judgment. Therefore, it names the aforementioned persons as beneficiaries of the
reparations that it will order in the present judgment.
VIII
FACTS PROVED DURING THE REPARATIONS STAGE
54.
For the purpose of determining reparations in this case, the Court will have as
a base of reference the facts proved in the November 12, 1997 Judgment. However,
during the present stage of the proceedings the parties have added to the file
evidence to demonstrate the existence of complementary facts that are relevant to a
determination of the measures of reparation.
The Court has examined the
arguments of the parties and the corresponding evidence and declares the following
facts proved:
A)
with respect to Mr. Suárez Rosero
a)
when he was detained he worked for the company “Challenge Air
Cargo,” in charge of the supervision and control of flights. He received a
monthly salary averaging S/.676,853.35 (six hundred seventy-six thousand,
eight hundred fifty-three sucres and thirty-five cents), to which the
corresponding tax deduction has already been made.
That amount is
approximately equivalent of US$ 449.40 (four hundred forty-nine dollars of
the United States of America and forty cents), based on the exchange rate of
the sucre on the date of the detention of Mr. Suárez Rosero. (infra f)