17
monthly paychecks per year. Interest was added to this amount to the date
of the present judgment;
b)
the payment of US$ 1,497.00 (one thousand, four hundred ninetyseven dollars of the United States of America) for the expenses of transport
and domestic help to assist Mrs. Ramadán Burbano during the imprisonment
of her husband. The Court finds that the evidence for these expenses is
sufficient to justify the complete payment of the amount demanded; and
c)
the payment of the expenses of the physical treatment of Mr. Suárez
Rosero and his psychological treatment and that of Mrs. Ramadán Burbano,
since the Court finds that there is sufficient evidence that shows that their
ailments were the consequence of the imprisonment of Mr. Suárez Rosero.
This fact has not been disputed by the State, which accepted the existence of
these expenses and has offered a corresponding amount. Therefore, the
Court deems it equitable to award US$ 1,500.00 (one thousand, five hundred
dollars of the United States of America) for physical treatment and US$
4,280.00 (four thousand, two hundred eighty dollars of the United States of
America) for the psychological treatment of Mr. Rafael Iván Suárez Rosero;
and US$ 2,020.00 (two thousand, twenty dollars of the United States of
America) for the psychological treatment of Mrs. Margarita Ramadán Burbano.
B) MORAL DAMAGES
61.
As to moral damages, in his brief on reparations Mr. Suárez Rosero requested
that the Court award him the payment of US$ 20,000.00 (twenty thousand dollars of
the United States of America). With regard to his family, Mr. Suárez Rosero
requested the payment of US$ 20,000.00 (twenty thousand dollars of the United
States of America) for his wife and daughter and pointed out that in its judgment on
the merits in this case the Court stated that the effects caused to his family by the
violations of Articles 5(2) and 7(6) of the American Convention should be considered.
62.
The Commission adopted Mr. Suárez Rosero’s petition.
63.
Both Mr. Suárez Rosero and the Commission pointed out that Mrs. Ramadán
Burbano suffered intensely due to the incommunicado detention of her husband and
the loss of the help and assistance that he provided to her. This situation was
exacerbated due to her physical incapacity which required her to make a “great
effort” to visit him. Finally, they stated that due to the state of health of Mrs.
Ramadán Burbano and because of the uncertainty concerning the release of her
husband, she conceived her daughter in a cell in the detention center, with all the
humiliation which that implies. According to Mr. Suárez Rosero and the Commission,
the little girl suffered on spending her first years without her father and experienced
great fear that he would abandon her. They also alleged that Mrs. Ramadán
Burbano had to raise their daughter alone during the years that her husband was
detained.
64.
During the public hearing held by the Court, the State offered to pay US$
10,000 (ten thousand dollars of the United States of America) to Mr. Suárez Rosero
and US$ 10,000 (ten thousand dollars of the United States of America) to Mrs.
Margarita Ramadán Burbano and the minor Micaela Suárez Ramadán as
compensation for moral damages.