99
241. The State pointed out that if it is found responsible, the Court must estimate
to what extent Mr. Tibi and his next of kin were affected by the violations to set a
monetary compensation.
Considerations of the Court
242. Non-pecuniary damage may include both the suffering and grief caused to the
direct victims and their close relations, and detriment to very significant values of
the individuals, as well as non-pecuniary changes in the conditions of existence of
the victim or the victim’s family. Since it is not possible to assign a specific
monetary equivalent to non-pecuniary damage, it can only be compensated in two
ways. First, by payment of an amount of money or delivery of goods or services that
can be assessed in monetary terms, set by the Court by reasonably applying judicial
discretion and in terms of fairness. And second, through acts or works that are public
in their scope or repercussions, such as transmitting a message of official reproval of
the human rights violations involved, and of commitment to efforts to ensure that
they do not happen again, which have the effect, among others, of acknowledging
the victim’s dignity.171 The first aspect of the reparation for non-pecuniary damages
will be analyzed in this section, and the second one in section D) of this chapter.
243. International jurisprudence has repeatedly established that the judgment is
per se a form of reparation. Nevertheless, bearing in mind the circumstances of the
instant case, the intensity of the suffering caused by the facts to the victims,
changes in the conditions of their existence, and the other non-pecuniary or nonmaterial consequences they suffered, the Court deems it pertinent to order payment
of a compensation for non-pecuniary damages, in fairness.172
244. In setting compensation for non-pecuniary damages in the sub judice case, it
is necessary to take into account that Daniel Tibi was subjected to inhuman
conditions of incarceration and that he was tortured, which caused him intense
corporal pain, suffering, and psychological problems, as well as physical and
psychological consequences that continue to date. Furthermore, the actions against
him did not fulfill the requirements of due process (there was an unlawful and
arbitrary detention, disregard for the right to fair trial and to judicial protection).
Naturally, persons subjected to arbitrary detention experience profound suffering,173
which is worsened if we take into account that the facts regarding the victim’s
torture have not been investigated. This Court deems that it can be assumed that
this type of violations cause those who suffer them non-pecuniary harm.174
245. It is reasonable to consider that the violations against Daniel Tibi clearly
altered his life plan.
His expectations for personal, professional, and family
development, possible under normal conditions, were abruptly interrupted.
171
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 211; Case of the 19 Tradesmen,
supra note 9, para. 244; and Case of Molina Theissen. Reparations, supra note 9, para. 65.
172
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 215; Case of the 19 Tradesmen,
supra note 9, para. 247; and Case of Molina Theissen. Reparations, supra note 9, para. 66.
173
See Case of Maritza Urrutia, supra note 8, para. 168; Case of Bulacio, supra note 129, para. 98;
and Case of Juan Humberto Sánchez , supra note 3, para. 174.
174
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 217; Case of the 19 Tradesmen,
supra note 9, para. 248; and Case of Molina Theissen. Reparations, supra note 9, para. 67.
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