as arbitrary and that originated a repeated infringement of the
due process.
5.
Repeatedly, since the judgment of Reparation in the case of
Aloeboetoe et al. versus Suriname (Cfr. Case of Aloeboetoe et al.
Reparations (Art. 63(1) of the American Convention of Human
Rights). Judgment of September 10, 1993. Series C No. 15, para.
52; Case of Maritza Urrutia. Judgment of November 27, 2003.
Series C No. 103, paras. 168 and 169; and Case of Tibi. Judgment
of September 7, 2004. Series C No. 114, para. 244) the Court has
constantly affirmed in its jurisprudence that it is proper of
human nature that a person submitted to aggressions and
humiliation experiments a moral damage, and evidence is not
required to reach this conclusion. Also, based on the case of
Loayza Tamayo versus Peru (Cfr. Case of Loayza Tamayo. Judgment of
September 17, 1997. Series C No. 33, para. 57; Case of Hilaire,
Constantine, and Benjamin, et al. Judgment of June 21, 2002.
Series C No. 94, para. 169; Case of Maritza Utrrutia. Judgment of
November 27, 2003. Series C No. 103, para. 87; and Case of Caeser.
Judgment of March 11, 2005. Series C. No. 123, para. 97), it has
determined the violation of a person’s psychic integrity due to
the consequences of the arrest regime and the conditions of the
prisons, which are similar in all Latin America, and to which Mr.
Acosta Calderón was surely exposed.
6.
In my opinion, the Court, in this case, should have
considered the possibility to determine if Mr. Acosta Calderón’s
dignity was affected and if his psychic and moral integrated were
violated, since it considers within its own judgment that this
person was arbitrarily arrested, thus taking away his freedom, a
natural condition of all human beings, and he was submitted to a
process in which fundamental guarantees were violated. More than
five years in prison must have caused Mr. Acosta Calderón pain,
which must have resulted in a psychological and moral damage that
does not need to be proved. The arbitrary arrest for such a long
period of time should be enough to presume damage to his integrity
and the resulting moral and psychic damage to a person. That is
how the victim’s representatives understood it when in their brief
of requests and arguments they stated the following:
The Ecumenical Commission on Human Rights considers that
under the same aforementioned principles, the Court must
decide that submitting a person to an arbitrary arrest,
to the deprivation of their judicial guarantees and the
right to a due process, and to a judicial lack of
protection under clear arbitrary conditions, necessarily
produce moral suffering, without it being necessary to
present evidence regarding said suffering since it
results evident from human nature itself.
In principle, it should be recognized, and the Honorable
Court is so requested to issue a ruling, that all form