110
AND ORDERS:
Unanimously, that:
9.
This Judgment constitutes per se a form of reparation, in the terms set forth
in paragraph 243 of the Judgment.
10.
The State must, within a reasonable term, effectively investigate the facts of
the instant case, with the aim of identifying, trying, and punishing all those
responsible for the violations committed against Daniel Tibi. The results of this
process must be publicly disseminated, in the terms set forth in paragraphs 254 to
259 of the instant Judgment.
11.
The State must publish, at least once, in the official gazette Diario Oficial and
in another Ecuadorian daily with a national coverage, both the Section on Proven
Facts and operative paragraphs One to Sixteen of the instant Judgment, without the
respective footnotes. The State must also publish the above, translated into French,
in a widely read daily in France, specifically in the area where Daniel Tibi resides, in
the terms set forth in paragraph 260 of the instant Judgment.
12.
The State must make public a formal written statement issued by the high
authorities of the State, acknowledging the international responsibility of the State
for the facts addressed in the instant case, and apologizing to Mr. Tibi and to the
other victims mentioned in the instant Judgment, in the terms set forth in paragraph
261 of this Judgment.
13.
The State must establish a training and education program for the staff of the
judiciary, the public prosecutor’s office, the police and penitentiary staff, including
the medical, psychiatric and psychological staff, on the principles and provisions
regarding protection of human rights in the treatment of inmates. Design and
implementation of the training program must include allocation of specific resources
to attain its goals, and it will be conducted with participation by civil society. For
this, the State must establish an inter-institutional committee to define and execute
the training programs on human rights and treatment of inmates. The State must
report to this Court on the establishment and functioning of said committee, within
six months, as set forth in paragraphs 262 to 264 of the instant Judgment.
14.
The State must pay the total amount of €148,715.00 (one hundred and fortyeight thousand seven hundred and fifteen euros) as compensation for pecuniary
damages, in the terms set forth in paragraphs 235 to 238 of the instant Judgment,
distributed as follows:
a)
to Daniel Tibi, €57,995.00 (fifty-seven thousand nine hundred and
ninety-five euros), in the terms set forth in paragraphs 235, 236, 237.b,
237.c, 237.d and 238 of the instant Judgment;
b)
the State must return to Daniel Tibi the property seized when he was
detained, within six months of the instant Judgment. If this is not possible,
the State must pay him €82,850.00 (eighty-two thousand eight hundred and
fifty euros) in the terms set forth in paragraphs 237.e and 238 of the instant
Judgment; and
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