101
D) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-RECIDIVISM)
Pleadings of the Commission
251. In regards to other forms of reparation, the Commission argued that the
violations committed against Mr. Tibi were a reiteration of those committed by the
State against Rafael Iván Suárez Rosero.176 In that case, the Court ordered the State
to adopt such measures as might be necessary to avoid repetition of the violations
found in the judgment of the Court. In the instant case, the Commission pointed out
that the State must:
a)
adopt such measures as may be necessary for the “amparo de
libertad” remedy to be effective, as well as for its provisions to be
implemented from the procedural and substantive viewpoints;
b)
adopt such measures as may be necessary for the criminal judicial
system to effectively comply with the provisions of Ecuadorian legislation;
c)
create an internal mechanism pursuant to which the petitioners can
submit complaints regarding the flaws of the criminal judicial system,
regarding its timely and effective functioning, for them to be able to obtain
reparations;
d)
create mechanisms to file complaints and conduct monitoring to
supervise conditions of detention, and then to provide access to information
on said mechanisms to the inmates and their families;
e)
adjust the conditions and practices of the prison system to applicable
international standards for the protection of human rights and to establish a
mechanism that enables review and oversight of enforcement of those
modifications, allowing civil society and non-governmental organizations to
participate in this process;
f)
provide the pertinent mechanisms to ensure the inmates’ access to
adequate medical examination and treatment, periodically and with due
follow-up. A protocol for medical care in the penitentiary context must be
followed, including basic health programs, taking into account the
epidemiological profile;
g)
provide the penitentiary centers with basic medical equipment and
staff, with mechanisms to enable continuous care and better training for the
physicians, in accordance with applicable international standards;
h)
prepare and train the guard staff regarding how the inmates must be
treated, in accordance with generally accepted international standards, and
i)
establish a system to investigate and punish torture and mistreatment,
enabling punishment of those who commit said violations.
176
This refers to the Case of Suárez Rosero, supra note 145, heard by the Inter-American Court.
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