97
dollars), the Court will not issue a ruling, as the inappropriate use of those
documents was not proven.
238. Based on all the above, the court sets the following amounts as compensation
for the pecuniary damages due to the violations found in the instant Judgment:
REPARATIONS FOR PECUNIARY DAMAGES
Loss of earnings
Daniel Tibi (victim)
Beatrice Baruet (former
spouse)
TOTAL
€33,140.00
Consequential
damages
€107,705.00
€7,870.00
Total
€140,845.00
€7,870.00
€148,715.00
C) NON-PECUNIARY DAMAGES
Pleadings of the Commission
239.
The Commission argued that:
a)
Mr. Tibi not only suffered very much when he was beaten and
tormented, but continuation of his unjustified detention extended the
suffering over time and led to the break-up of his marriage;
b)
Mr. Tibi’s daughter was born while he was detained. Therefore, he
was unable to support his spouse at that time. The family’s scant resources
were used to hire an attorney to obtain Mr. Tibi’s release and on the trips to
visit him in Guayaquil, where he was detained, even though he was arrested
in Quito, where his family lived; and
c)
the effect for Beatrice Baruet and their children is traumatic, especially
bearing in mind that they were foreigners in Ecuador, unfamiliar with the
judicial system. The most alarming cultural shock must have been to become
aware that the authorities did not enforce Ecuador’s laws.
Pleadings of the representatives of the victim and his next of kin
240.
The representatives of the victim and his next of kin pointed out:
In regards to the “moral damage” to Daniel Tibi, that:
a)
violation of his right to humane treatment entails suffering at various
levels: physical, psychological, and moral. Eight years after the facts took
place, they are reflected in the physical and psychological consequences that
Daniel Tibi still suffers, and he will not be able to fully recover from all the
harm caused to him by the Ecuadorian State. The torture caused the
breakdown of his personality and of his family ties. His life changed radically,
placing him in a disadvantageous situation which continues to date. Mr. Tibi
has important psychological problems, such as: nightmares, irritability,
depressive syndrome, depression, hyper vigilant behavior and fatigue;
b)
the moral damage also originates in the unlawfulness and arbitrariness
of his detention, the powerlessness to prove his innocence, lack of
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