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daughter Lisianne Judith Tibi, and Mr. Tibi’s son Valerian Edouard Tibi, as the victims
of the violation of Article 5(1) of the American Convention, in combination with
Article 1(1) of that same Convention.
B) PECUNIARY DAMAGE
Pleadings of the Commission
231.
The Commission pointed out that:
a)
in this case, it is not possible to apply the principle of restitutio in
integrum, due to the nature of the damage suffered. Payment of fair
compensation must be set in “sufficiently broad terms” to repair the damage
insofar as possible; and
b)
the damage to Mr. Tibi’s reputation and his inability to carry out
activities while he was in jail led to the loss of his occupational activity; he
was unable to cover the expenses of his growing family, as he could generate
no income at all; and the substantial goods that he had with him when he was
detained were not returned to him.
Pleadings of the representatives of the victim and his next of kin
232.
The representatives of the victim and his next of kin pointed out:
a)
regarding reparations for loss of earnings, that
i.
The goods that Mr. Tibi traded were taken from him, his
commercial activity was interrupted, and he and his family lost those
earnings. Compensation must be set beginning on September 27,
1995;
ii.
given the gravity of the injuries suffered by Daniel Tibi, he
cannot carry out productive activities, for which reason the lost
earnings continue over time.
Mr. Tibi earned approximately
US$2,500.00 (two thousand five hundred United States dollars)
monthly. Multiplied by the twenty-eight months that he was in prison,
this amounts to US$70,000.00 (seventy thousand United States
dollars; and
iii.
the State must recognize a monthly salary from the date of Mr.
Tibi’s liberation, that is, beginning in January 1998, due to his inability
to work.
b)
in regards to compensation for consequential damages, the Court
must consider the following expenses:
i.
those incurred for travel of members of the family, especially
Beatrice Baruet, to visit Daniel Tibi at the Cuartel Modelo in Guayaquil
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