49
168. In this regard, the Court has established that Mr. Neptune was subjected to inhuman
detention conditions, that he was detained unlawfully and arbitrarily, and that he was not
provided with due judicial protection and guarantees, all of which caused him physical and
mental suffering. Taking into account the different aspects of the non-pecuniary damage
caused, the Court establishes, based on the equity principle, the sum of US$30,000.00
(thirty thousand United States dollars), that the State must pay in favor of Yvon Neptune.
169. The State must pay the compensation for non-pecuniary damage directly to Mr.
Neptune, within one year of notification of this judgment.
C)
MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION
170. The Court will determine measures of satisfaction that seek to repair the nonpecuniary damage, and that are not of a pecuniary nature, and will order measures with a
public scope and repercussion.
171. As a guarantee of non-repetition, the Commission asked the Court to order the State
“to adopt as a matter of priority, the measures necessary to ensure that the right under
national law and Article 7 of the American Convention of any person detained to be brought
promptly before a judge or other officer authorized by law to exercise judicial power is given
general effect in Haiti.”220 In addition, “the State must be required to modernize the Haitian
prison system so that it conforms to the requirements of the Convention concerning
humane treatment,” considering that “Haiti has subjected Mr. Neptune and thousands of
persons to a system that does not meet the minimum international standards for prison
conditions.” The Commission also asked the Court to order the State to “adopt all
legislative, policy-related, administrative and economic measures necessary to relieve the
problems in Haitian prisons resulting from overcrowding, inferior physical and sanitary
infrastructure, substandard security systems and lack of contingency plans.”221 Lastly, the
Commission asked the Court that, given “the nature of the violations committed, […] the
damage and the consequences of the violations mentioned in Mr. Neptune’s testimony, it
determine the corresponding measures of satisfaction.”222
172. The representative asked the Court to determine the measures of satisfaction to
clear Mr. Neptune’s name, considering that he suffered and continues suffering from the
unfounded charges against him, given that the decision of the Gonaïves Court of Appeal of
April 13, 2007, did not rule on the merits of the case; that the Government has still not
publicly acknowledged that the judicial proceedings against him and his detention conditions
violated his fundamental rights; and that no measure has been adopted to prosecute and
punish those who abused of their functions to target Mr. Neptune.223
a)
Obligation to provide Yvon Neptune with an effective recourse
220
Cf. Application submitted by the Commission, supra note 3, para. 145 (folio 137), and final written
arguments presented by the Commission, supra nota 22, para. 66 (folio 314).
221
Cf. Application submitted by the Commission, supra note 3, para. 145 (folio 137), and final written
arguments presented by the Commission, supra nota 22, para. 67 (folio 315).
222
Cf. Application submitted by the Commission, supra note 22, para. 67 (folio 315).
223
Cf. Final written arguments presented by the representative, supra nota 65, para. 86 (folio 288).
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