99 241. The State pointed out that if it is found responsible, the Court must estimate to what extent Mr. Tibi and his next of kin were affected by the violations to set a monetary compensation. Considerations of the Court 242. Non-pecuniary damage may include both the suffering and grief caused to the direct victims and their close relations, and detriment to very significant values of the individuals, as well as non-pecuniary changes in the conditions of existence of the victim or the victim’s family. Since it is not possible to assign a specific monetary equivalent to non-pecuniary damage, it can only be compensated in two ways. First, by payment of an amount of money or delivery of goods or services that can be assessed in monetary terms, set by the Court by reasonably applying judicial discretion and in terms of fairness. And second, through acts or works that are public in their scope or repercussions, such as transmitting a message of official reproval of the human rights violations involved, and of commitment to efforts to ensure that they do not happen again, which have the effect, among others, of acknowledging the victim’s dignity.171 The first aspect of the reparation for non-pecuniary damages will be analyzed in this section, and the second one in section D) of this chapter. 243. International jurisprudence has repeatedly established that the judgment is per se a form of reparation. Nevertheless, bearing in mind the circumstances of the instant case, the intensity of the suffering caused by the facts to the victims, changes in the conditions of their existence, and the other non-pecuniary or nonmaterial consequences they suffered, the Court deems it pertinent to order payment of a compensation for non-pecuniary damages, in fairness.172 244. In setting compensation for non-pecuniary damages in the sub judice case, it is necessary to take into account that Daniel Tibi was subjected to inhuman conditions of incarceration and that he was tortured, which caused him intense corporal pain, suffering, and psychological problems, as well as physical and psychological consequences that continue to date. Furthermore, the actions against him did not fulfill the requirements of due process (there was an unlawful and arbitrary detention, disregard for the right to fair trial and to judicial protection). Naturally, persons subjected to arbitrary detention experience profound suffering,173 which is worsened if we take into account that the facts regarding the victim’s torture have not been investigated. This Court deems that it can be assumed that this type of violations cause those who suffer them non-pecuniary harm.174 245. It is reasonable to consider that the violations against Daniel Tibi clearly altered his life plan. His expectations for personal, professional, and family development, possible under normal conditions, were abruptly interrupted. 171 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 211; Case of the 19 Tradesmen, supra note 9, para. 244; and Case of Molina Theissen. Reparations, supra note 9, para. 65. 172 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 215; Case of the 19 Tradesmen, supra note 9, para. 247; and Case of Molina Theissen. Reparations, supra note 9, para. 66. 173 See Case of Maritza Urrutia, supra note 8, para. 168; Case of Bulacio, supra note 129, para. 98; and Case of Juan Humberto Sánchez , supra note 3, para. 174. 174 See Case of the Gómez Paquiyauri Brothers, supra note 8, para. 217; Case of the 19 Tradesmen, supra note 9, para. 248; and Case of Molina Theissen. Reparations, supra note 9, para. 67.

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