104
form of reparation.278 However, the Court considers that it is important to order
other specific measures of reparation.
236. As has been proved (supra para. 88(73)), Lori Berenson was imprisoned in
the Yanamayo Prison, at almost 3,800 meters above sea level, for two years and
eight months, and kept for a year and a half under a regime of continuous solitary
confinement, in a small cell, without ventilation, without natural light, without
heating, with unhealthy food, deficient sanitary measures and inadequate medical
care, which resulted in her health problems (supra para. 88(74)(v)). Also, during the
first year of detention, her right to receive visits was severely restricted (supra para.
88(74)(i)).
237. The Court considers that the damage of a non-pecuniary nature caused to
Lori Berenson is evident, because it is natural for any person subjected to cruel,
inhuman or degrading treatment or punishment, such as that proved in this case, to
suffer damage of a non-pecuniary nature. The Court considers that no evidence is
required to reach this conclusion.279
238. The Court considers, as it as on other occasions,280 that, taking into account
the health problems that Lori Berenson endured, the compensation for nonpecuniary damage should include the need for psychological and medical treatment.
Hence, it is considered pertinent to order the State to offer Lori Berenson adequate,
specialized medical care.
239. The Court observes that, at the domestic level, Lori Berenson was sentenced
to pay the sum of S/.100,000.00 (one hundred thousand new soles) for civil
reparation in favor of the State (supra para. 88(69)). In this regard, the Court
considers that, owing to the pecuniary and non-pecuniary damage inflicted on Lori
Berenson as a result of the violations that have been declared (supra paras. 109,
121, 150, 168, 186, 194, 199 and 226), the State should condone this debt as a
form of reparation.
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*
*
240. Furthermore, and as it has ordered on other occasions,281 the Court considers
that, as a measure of satisfaction, the State should publish the section of this
judgment entitled Proven Facts, without the corresponding footnotes, and the
operative paragraphs, in the official gazette and another daily newspaper with
national circulation in Peru, at least once, within six months of its notification.
*
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278
Cf. Case of Tibi, supra note 3, para. 243; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 299; and Case of Ricardo Canese, supra note 3, para. 205.
279
Cf. Case of Tibi, supra note 3, para. 244; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 300; and Case of the Gómez Paquiyauri Brothers, supra note 16, para. 217.
280
Cf. Case of Tibi, supra note 3, para. 249; Case of Molina Theissen. Reparations, supra note 4,
para. 71; and Case of Myrna Mack Chang , supra note 234, para. 266.
281
Cf. Case of Tibi, supra note 3, para. 260; Case of the “Juvenile Reeducation Institute”, supra note
3, para. 315; and Case of Ricardo Canese, supra note 3, para. 209.
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