92
which are regulated in all aspects (scope, nature, modes, and establishment of the
beneficiaries) by International Law.168
225. Reparations seek to make the effects of the violations cease. Their nature
and amount depend on the characteristics of the violations committed, of the legally
protected interest that was affected, and of the pecuniary and non-pecuniary
damage caused. They must not entail enrichment or impoverishment of the victim
or the victim’s successors.169
226. In accordance with the evidence gathered during the proceeding and in light
of the criteria set forth above, the Court will now analyze the parties’ claims
regarding reparations, and order such measures as it deems pertinent.
A) BENEFICIARIES
Pleadings of the Commission
227.
Tibi.
The Commission deems that the beneficiary of the reparations must be Daniel
Pleadings of the representatives of the victim and his next of kin
228.
The representatives of the victim and his next of kin pointed out that:
a)
Daniel Tibi must be the beneficiary of the reparations derived from the
violation, by Ecuador, of Articles 1(1), 2, 5, 7, 8, 17, 21 and 25 of the
American Convention and Articles 1, 6 and 8 of the Inter-American
Convention against Torture; and
b)
Beatrice Baruet, her daughters Sarah Vachon and Jeanne Camila
Vachon, Mrs. Baruet’s and Mr. Tibi’s daughter Lisianne Judith Tibi, and Mr.
Tibi’s son Valerian Edouard Tibi, must be beneficiaries of the reparations
derived from the violation of Articles 5(1) and 5(2) of the American
Convention.
Pleadings of the State
229.
The State did not refer to those entitled to reparations in the instant case.
Considerations of the Court
230. Pursuant to Article 63(1) of the American Convention, the Court deems the
injured parties to be Daniel Tibi, as the victim of violations of Articles 5, 7, 8, 21 and
25 of the American Convention, in combination with Article 1(1) of that same
Convention and of non-compliance with the obligations set forth in Articles 1, 6 and 8
of the Inter-American Convention against Torture; and Beatrice Baruet, her
daughters Sarah Vachon and Jeanne Camila Vachon, Mrs. Baruet’s and Mr. Tibi’s
168
See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 189; Case of the 19 Tradesmen,
supra note 9, para. 221; and Case of Molina Theissen . Reparations, supra note 9, para. 42.
169
See Case of the 19 Tradesmen, supra note 9, para. 223; Case of Cantos, supra note 143, para.
68; and Case of the Caracazo. Reparations, supra note 24, para. 78.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos