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investigation of the torture, excessive duration of the preventive
imprisonment, the extremely bad conditions in the prison, and the other
violations specified in the application brief;
c)
the State must pay him fair compensation, in the amount of
US$100,000.00 (one hundred thousand United States dollars);
d)
the harm caused to the victim and his family’s suffering have brought
enduring consequences that require medical and psychological treatment. It
is necessary to include an item for future expenses for said treatments, and
this amount must be given to all members of the family, especially to Mr. Tibi,
who still suffers serious psychological and physical problems, such as cancer;
e)
violation of his human rights deprived Mr. Tibi of the possibility of
developing his “life plan,” impeding attainment of the personal, professional,
and family goals that he had set together with his family. Mr. Tibi had
concrete professional and personal plans for his future; these plans ended
when he was arbitrarily deprived of his liberty for over two years. The
violations suffered by Mr. Tibi gravely altered what would otherwise have
been the normal course of his life; they impeded attainment of his vocation,
aspirations, potential, and led to his never being able to carry out normal
physical activities. The representatives asked the Court to order the State to
redress the damage caused to Mr. Tibi’s “life plan;”
In regards to the “moral damage” to Daniel Tibi’s next of kin, that:
f)
they also suffered the consequences of the human rights violations.
Beatrice Baruet traveled every Friday to Guayaquil and remained there over
the weekend; she also traveled there during her vacations; she noted Mr.
Tibi’s injuries, and this caused her grief and despair. Minor Sarah Vachon,
Beatrice Baruet’s daughter, was sent to France and was unable to be with her
family for about two years; Jeanne Camila Vachon, Beatrice Baruet’s
daughter, visited the victim at the Penitentiary with her mother and witnessed
a fight, which traumatized her and thereafter she did not want to return to
the prison. Lisianne Judith Tibi, Mr. Tibi’s ad Mrs. Baruet’s daughter, was
born while her father was in prison and therefore was not with him during her
first two years of life. Valerian Edouard Tibi, Mr. Tibi’s son, was unable to see
his father during the twenty-eight months that he was detained;
g)
the “moral damages” suffered by Daniel Tibi’s next of kin must be
compensated by payment US$100,000.00 (one hundred thousand United
States dollars) to each of them, adding up to US$500,000.00 (five hundred
thousand United States dollars); and
h)
the Court must order payment, in fairness, of compensation for nonpecuniary damages, as well as adoption of satisfactory measures to redress
the intensity of the suffering caused to the victim and to his next of kin,
changes in conditions of their existence, and other non-pecuniary
consequences.
Pleadings of the State
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