the facts, which would rule out the application of such defenses.
C. Measures of restitution
178. The Commission requested “[o]rdering the necessary physical and mental health care
measures for the restitution” of the victims, “if they so wished and in a concerted manner.”
179. The representatives indicated that the offenses committed have required the Casierra
Quiñonez brothers and their mother to attend psychological therapy, “estimating the amount of
[USD]$20,000.00 (twenty thousand [U.S. dollars]) one time only for each one of them.” They
indicated that the physical and psychological effects caused to the family required them to incur
in numerous expenses for medical care, medications, and rehabilitation.
180. They also requested that the State be ordered to “guarantee free and ongoing medical and
psychological treatment” for the victims. They required specialized medical attention be provided
to Andrés Alejandro and Sebastián Darlin Casierra Quiñonez, who have suffered a number of
ailments derived from the acts perpetrated against them.
181. The State alleged that the national authorities “have been providing medical and
psychological care” to Andrés Alejandro and Sebastián Darlin Casierra Quiñonez and their mother
as part of the program providing priority care to victims, implemented under the “administrative
[p]rogram of [r]eparations under Law for the [r]eparations of [v]ictims,” which is verified through
the respective “follow-up reports.” As part of said efforts, a wheelchair was provided to Mrs. María
Ingracia Quiñonez Bone.
182. It indicated that the representatives did not provide information on the type of pathologies
for which the presumed victims would require medical attention, nor the treatments such ailments
would require. It added that Mr. Andrés Alejandro Casierra Quiñonez "rejected the psychological
care offered by public institutions," meaning that such request has no grounds. Turning to the
claim to order payment of an amount for psychological care of the victims, the State argued that
the exceptional circumstances for which the Court has ordered this type of reparation do not exist,
given that domestic authorities are able to offer such treatment free of charge.
183. Based on the documentary evidence provided by the State, the Court considers it to have
been proven that, as part of the “non-pecuniary reparation agreement,” signed on August 16,
2016, by Andrés Alejandro Casierra Quiñonez, as “beneficiary of the Program of administration
[r]eparations for the [v]ictims of [v]olations of [h]uman [r]ights [d]ocumented by the Truth
Commission,” and the Ombudsman of Ecuador,151 the following reparation measures were agreed
upon, among others: a) “psychological assessment” of the victim and, where appropriate, the
corresponding care by the Ministry of Public Health, and b) “medical evaluation” of said person by
the Ministry of Public Health, “in order to […] provide him with the corresponding care and, as
applicable, the respective treatment.”152
184. Similar agreements with the same measures were signed with María Ingracia Quiñonez
Bone153 and Sebastián Darlin Casierra Quiñonez.154 These “non-pecuniary reparation”
In accordance with article 4 of the Law for the reparation of victims and the prosecution of serious human
rights violations and crimes against humanity that occurred in Ecuador between October 4, 1983 and December 31,
2008, published on 13 December 2013, the Ombudsman's Office is "in charge" of the administrative Reparations
Program. Cf. Answer brief (merits file, volume IV, folio 912).
152
Cf. Non-pecuniary reparation agreement for Andrés Alejandro Casierra Quiñonez, signed on August 16, 2016
(evidence file, volume X, annex 51 to the answering brief, folios 5046 to 5049).
153
Cf. Immaterial reparation agreement for María Ingracia Quiñonez Bone, signed on February 1, 2017 (evidence
file, volume X, annex 51 to the answering brief, folios 5050 to 5054).
154
Cf. Immaterial reparation agreement for Sebastián Darlin Casierra Quiñonez, signed on August 16, 2016
(evidence file, volume X, annex 51 to the answering brief, folios 5056 to 5059).
151
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