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jurisdiction in favor of the ordinary criminal jurisdiction. For almost
five years, she was at the mercy of an authority that did not respect
its international human rights obligations and this should be
repaired. Moreover, for two years, eight months and twenty days,
Ms. Berenson was subjected to detention conditions described in
Chapter VIII of this judgment as cruel, inhuman and degrading
treatment. Suffering cruel, inhuman and degrading treatment for
almost three years of imprisonment was an unlawful aggravation of
her imprisonment, which should be repaired specifically. I do not
consider that a sum of money is sufficient reparation.
XXX. Consequently, I believe the Court should have established, in
reparation, that the State, through the corresponding body, should
order a significant reduction in the sentence that would truly repair,
insofar as possible, the grave violation committed by State agents.
This should have been based on objective criteria such as
calculating two days of prison for each day she was imprisoned in
inhumane conditions.
Cecilia Medina-Quiroga
Judge
Pablo Saavedra-Alessandri
Secretary
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