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b) Urcesino Ramírez-Rojas’ next of kin “experienced emotional distress as a
consequence of his detention.”
Arguments of the representatives
265. As regards the determination of non pecuniary damage, the representatives
pointed out the following:
I) As regards Wilson García-Asto:
a)
He requests the following as compensation for non pecuniary damage:
“compensation for the moral damage, adequate and qualified medical
assistance to treat the impairment caused to his health, as well as measures of
satisfaction and guarantees of non-repetition;”
b)
He and his next of kin have suffered “humiliating and degrading
treatment; on the one hand, since [his] arrest he h[ad] to face the stigma of
being called and treated as a “terruco,” he was insulted, and had to endure
humiliating and degrading treatment by police officers during the whole
investigation process and during the time he w[as] held in custody at the
different penitentiary centers;”
c)
His physical and mental health have deteriorated as a consequence of
the detention conditions [...], as well as the cruel, inhuman, and degrading
treatment which he a[llegedly] suffered;”
d)
He h[as] to undergo periodical check-ups and specialized examination
for the medical condition he suffer[s]: prostatic syndrome, dyspepsia, and sleep
disturbances. Furthermore, he suffer[s] from post-traumatic stress and must
receive emotional support therapy and psychological counseling, as well as
participate in group therapy;”
e)
He was a raw model for his brother Gustavo, since the latter took up the
same course of studies;
f)
The situation that Wilson García-Asto had to endure “due to [his] unfair
and illegal detention, [his] transfers to different prisons, the humiliating and
degrading treatment he receiv[ed] have caused [his] next of kin a series of
psychological ailments that have had physical consequences, specially for [his]
siblings;”
g)
The reparation to be awarded to Wilson García-Asto for moral damage
must comprise an economic compensation and measures of satisfaction, for the
pain and suffering caused to the alleged victim, to his mother, Celia AstoUrbano, his father, Napoleón García-Tuesta and his siblings, Elisa and Gustavo
García-Asto, and the amounts must be fixed in a “fair and equitable” manner;
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