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for loss of earnings both during the time he was detained and for reduction of his
ability to conduct his normal work activities.
b)
Consequential damages
237. Taking into account the claims of the parties, the body of evidence and the
jurisprudence of the Court regarding this matter, the Court deems that compensation
for pecuniary damages must also include:
a)
the expenses incurred by the next of kin of the victim in numerous
trips, especially those made by Beatrice Baruet and, sometimes, by one of the
daughters who accompanied her, to visit Daniel Tibi at the Penitenciaría del
Litoral, and while she stayed there; the trip made by minor Sara Vachon to
France in October 1995; and Daniel Tibi’s expenses to survive in prison. The
Court deems it pertinent to set the amount, in fairness, at €7,870.00 (seven
thousand eight hundred and seventy euros). Said amount must be given to
Beatrice Baruet;
b)
Mr. Tibi’s 150 psychotherapy sessions. However, since vouchers were
not provided to demonstrate said expenses, the Court sets the amount in
fairness at €4,142.00 (four thousand one hundred and forty-two euros),
which must be paid to Mr. Tibi;
c)
the victim’s expenses regarding special food, treatment for his
hearing, eyesight, and respiratory problems, and other physical treatments.
In this case, the Court sets the amount in fairness at €4,142.00 (four
thousand one hundred and forty-two euros), which must be paid to Mr. Tibi;
d)
the expenses incurred for reparation of Mr. Tibi’s teeth, as well as
purchase of dental prosthetics. While the file does not include suitable
vouchers for all these expenses, the Court deems it proven that Mr. Tibi
incurred certain expenses to care for dental problems (supra para. 90.50,
90.52 and 90.53) and, therefore, sets the amount in fairness at €16,570.00
(sixteen thousand five hundred and seventy euros), which must be paid to
Mr. Tibi; and
e)
the goods and securities that were seized by the police from Daniel
Tibi at the time of his detention, and which have still not been returned to the
victim. This Court notes that, as it declared in another chapter of the instant
Judgment (supra para. 220), the goods and securities seized belonged to Mr.
Tibi, but it does not have the respective appraisal. Therefore, this Court
orders the return of said goods and securities by the State, within six months
of notification of the instant Judgment, and if this were not possible it sets the
amount, in fairness, at €82,850.00 (eighty-two thousand eight hundred and
fifty euros) which must be paid to Mr. Tibi as the value of the goods seized,
including his Volvo brand vehicle. On the other hand, regarding the use of
the debit and credit cards seized from Mr. Tibi, specifically the US$6,000.00
(six thousand United States dollars) that Mr. Tibi argues were taken from his
bank account, as well as the use of the credit card for expenses adding up to
US$4,857.00 (four thousand eight hundred and fifty-seven United States
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