10
35.
The State did not offer testimonial evidence.
36.
The Court deems that the statement of Mr. Suárez Rosero should be
evaluated in the context of the total body of evidence in the present case. It is
appropriate to remember that the facts of the present case already were established
during the merits stage. In this stage, the Tribunal will determine the nature and
amount of the “fair compensation” and the reimbursement of expenses, which the
State is obligated to make to Mr. Suárez Rosero and his relatives in compliance with
operative paragraph seven of the Judgment of November 12, 1997.
C) EXPERT EVIDENCE
37.
During the public hearing, the Court also received the report of the expert,
Cecilia Jaramillo, in which she stated that
since July 10, 1997 she has treated Mr. Suárez Rosero and Mrs. Ramadán
Burbano. When the sessions began Mr. Suárez Rosero was very affected. As
a consequence of his detention and the conditions to which he was submitted,
he suffered neurotic depressive reactions of anguish, a situation diagnosed as
neurosis of the astenic type, in which the person feels weak, lacking in
energy, afraid, and insecure. Mr. Suárez Rosero had been a self confident
happy person with many friends and with big life plans. They took him away
from his normal life, deprived him of his freedom, and deprived him of the
possibility of developing his plans. He became an object of ill-treatment and
humiliation. Even though the therapy had helped him to overcome certain
fears, he continued to suffer. This also affects his daughter and Mrs.
Margarita Ramadán Burbano, who also needs psychological help.
The
conception of their daughter in the prison also constituted a humiliating
situation for them, a violation of their intimacy and of their plans. It imposed
on them a different plan of life than they had intended. The daughter was
deprived of the possibility of having a father during her first years of life,
which aroused great fears of losing her father. Mrs. Margarita Ramadán
Burbano had to deal with her pregnancy and raising her daughter for two
years without the presence of her husband, with the additional burden of her
inability to drive and under very bad economic conditions. The psychotherapy
that they are receiving has a short, insufficient reach. For them all to
definitely overcome this trauma they need the State’s admission that Mr.
Suárez Rosero is innocent, so that he can recover his dignity. The appeal that
is pending before the domestic courts causes them increasing fear and
insecurity. She receives a fee of twenty dollars for each psychological
therapy session.
38.
The State did not offer expert evidence.
V
OBLIGATION TO MAKE REPARATION
39.
In operative paragraph seven of the November 12, 1997 Judgment, the Court
decided that “Ecuador is obliged to pay a fair indemnity to the victim and his
relatives and to compensate them for any expenses incurred in their representations
relating to this proceeding.”