100
246. Due to all the above, the Court deems that Daniel Tibi should receive
compensation for non-pecuniary damages, and sets the respective amount, in
fairness, at €82,850.00 (eighty-two thousand eight hundred and fifty euros) in his
favor.
247. In regards to the other victims, Mr. Tibi’s unlawful and arbitrary detention
and torture brought suffering, anguish and grief to his former spouse, Beatrice
Baruet, to Sarah Vachon, to Jeanne Camila Vachon and to Lisianne Judith Tibi,
gravely altering the conditions of their existence and their family and social
relations, and causing detriment to their manner of living (supra paras. 160 and
161). The relationship of Valerian Edouard Tibi, Daniel Tibi’s son, with his father
was affected while he remained in prison (supra paras. 160 and 161).
248. Based on all the above, this Court deems that Mr. Tibi’s next of kin must
receive compensation. For this, it sets the amount, in fairness, at €57,995.00 (fiftyseven thousand nine hundred and ninety-five euros), in favor of Beatrice Baruet for
non-pecuniary damages. It also sets the amount, in fairness, of €37,282.00 (thirtyseven thousand two hundred and eighty-two euros) to be distributed in equal parts
among Lisianne Judith Tibi, Sarah and Jeanne Camila Vachon, for non-pecuniary
damages. It also sets in fairness the amount of €12,427.00 (twelve thousand four
hundred and twenty-seven euros), which must be paid to Valerian Edouard Tibi.
249. Having analyzed the pleadings of the representatives of the victim and his
next of kin, as well as the body of evidence in this case, it is possible to establish
that Daniel Tibi’s physical and psychological problems continue to date (supra para.
90.53). Therefore, this Court deems, as it has previously,175 that compensation for
non-pecuniary damages must also include future expenses for psychological and
medical treatment. In this regard, it deems it pertinent to set the amount to be paid
as compensation for this item, in fairness, at €16,570.00 (sixteen thousand five
hundred and seventy euros) in favor of Daniel Tibi.
250. Bearing in mind the various aspects of the non-pecuniary damages that have
been discussed above, the Court sets the value of compensations for this item, in
fairness, as shown in the following table:
REPARATIONS FOR NON-PECUNIARY DAMAGES
Victim and next of kin
Non-pecuniary
damages
Expenses for medical and
psychological treatment
(future)
Total
Daniel David Tibi (victim)
Beatrice Baruet
(former spouse)
€82,850.00
€57,995.00
€16,570.00
€99,420.00
€57,995,00
Sarah Vachon (stepdaughter)
Jeanne Camila Vachon
(stepdaughter)
€12,427.00
€12,427.00
€12,427,00
€12,427,00
Lisianne Tibi (daughter)
Valerian Edouard Tibi (son)
TOTAL
€12,427.00
€12,427.00
€12,427,00
€12,427,00
175
€207,123.00
See Case of Molina Theissen . Reparations, supra note 9, para. 71; Case of Myrna Mack Chang.
November 25, 2003 Judgment, Series C No. 101, para. 266; and Case of Bulacio, supra note 129, para.
100.
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