because she had been unable to live with him for almost seven years, and (d) US$10,000
(ten thousand United States dollars) for Heulingher and Flemingkov Fleury, Lysias Fleury’s
two younger children, who did not see their father for two years and could not live with him
for seven years.
142. The representatives requested US$28,612.50 (twenty-eight thousand six hundred
and twelve United States dollars and fifty cents) for future expenses for the psychiatric
treatment of Mr. Fleury, his wife, and their daughter Rose.
b) Considerations of the Court
143. In establishing the compensation for non-pecuniary damages in this case, it must be
considered that Mr. Fleury was subjected to torture and cruel and degrading treatment in
the Bon Repos Police State, and that he suffered from being separated from his family for
several years, from having to hide without the possibility of leading a family life, and from
having to leave his profession as a human rights lawyers and go into exile. In addition, even
today, Mr. Fleury suffers the physical aftereffects of the torture inflicted on him. In
particular, he is almost deaf in the right ear and has great difficulty in raising his left arm or
lifting heavy objects. It must also be considered that the members of his family suffered
because they were prevented from seeing him for years and because they witnessed his
violent and humiliating arrest. In the case of his daughters, they grew up without the
presence of their father for several years; they had to leave their country, their culture and
their standard of living to move abroad, where they had to live with a modest salary in more
austere living conditions and, in the case of Mrs. Fleury, she had to leave her small
businesses and her professional activity.
144. In addition, following the criteria established in other cases,122 the Court considers
that the non-pecuniary damage inflicted on Mr. Fleury is evident, because it is inherent in
human nature that anyone subjected to torture experiences profound suffering, anguish,
terror, helplessness and insecurity, so that this damage does not require evidence.
145. Consequently, the Court finds it appropriate to establish, in equity, the following
amounts as compensation for non-pecuniary damage:123
a) US$50,000.00 (fifty thousand United States dollars) in favor of Lysias Fleury;
b) US$15,000.00 (fifteen thousand United States dollars) in favor of Lilienne Rose
Benoit Fleury, Mr. Fleury’s wife;
c) US$3,000.00 (three thousand United States dollars) in favor of each of his three
children, namely: Rose, Flemingkov and Heulingher Fleury.
146. These amounts must be paid within the corresponding time frame established by the
Court (infra fourth operative paragraph).
122
Cf. Case of Goiburú et al. v. Paraguay. Merits, reparations and costs. Judgment of September 22, 2006.
Series C No. 153, para. 157, and Case of Barbani Duarte et al. v. Uruguay, supra note 9, para. 259.
123
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs, supra note 107, para. 56, and Case of
Barbani Duarte et al. v. Uruguay, supra note 9, para. 260.
38
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