109 203. As a consequence of the indicated violations of the rights enshrined in the Convention, the Court must provide that the enjoyment of such rights or freedoms as may have been violated be guaranteed to those affected.75 Although some workers would have been reinstated, no proof has been provided to this Court as to exactly how many were so reinstated, or whether they were reinstated in the same positions they had before the dismissal, or in positions of the same level and remuneration. The opinion of this Tribunal is that the State is obliged to reinstate the surviving victims in their positions unless this is not possible, in which event it must provide to them employment alternatives in respect of the conditions, salaries and other remuneration that they had at the time they were dismissed. If, likewise, the latter is not possible, the State must proceed to pay such indemnification as shall be appropriate to the circumstance of termination of employment pursuant to the internal labour law. In the same manner, the State must provide to the successors or assigns of victims who may have passed away such pension o retirement retributions as may be appropriate. Such obligation on the part of the State shall be maintained until it is fully complied with. 204. The Court feels that the reparation for violations of human rights that occurred in the instant case must also include fair indemnification, and the reimbursement of costs and expenses incurred by the victims or their beneficiaries because of the requirements for the processing of the case judicially before both, the internal and the international jurisdiction. 205. This Court has stated, concerning material damages on the assumption of surviving victims, that the calculation of indemnification must take into accout, among other factors, the time that the latter remained idle. The Court feels that such criterion is applicable in the instant case,76 to which effect it provides that the State must pay such amounts as shall be appropriate to cover unpaid salaries pending and any other amounts in respect of labour rights according to its legislation, to which dismissed workers are entitled, or to which, in the event of death of the latter, their beneficiaries are entitled. The State must proceed to establish, according to the pertinent national procedures, the corresponding indemnification in order that the victims or their beneficiaries, as the case may be, receive such indemnification within a maximum term of 12 months. 206. Pursuant to a constant international jurisprudence, the Court feels that the handing down of a judgment whereby the claims of the victims shall be sustained is, in itself, a form of satisfaction.77 However, this Court feels that, because of the suffering inflicted upon the victims and their beneficiaries, the victims having been dismissed in the conditions under which the dismissal was effected, the moral damages caused must, additionally, be repaired in a substitutive manner, by means 75 76 77 cfr. Case of the Constitutional Court, supra note 7, para. 120. cfr. Case of the Constitutional Court, supra note 7, para. 121. cfr. Case of the Constitutional Court, supra note 7, para. 122. Suárez-Rosero Case. Reparations, supra note 73, para. 72; Castillo-Páez Case. Reparations (Art. 63.1, American Convention on Human Rights). Judgment of November 27, 1998. Series C N° 43, para. 84; Neira-Alegría et al. Case. Reparations (Art. 63.1, American Convention on Human Rights). Judgment of September 19, 1996. Series C N° 29, para. 56; El Amparo Case. Reparations (Art. 63.1, American Convention on Human Rights). Judgment of September 14, 1996. Series C N° 28, para. 62; Godínez-Cruz Case. Compensatory damages (Art. 63.1 of the American Convention on Human Rights). Judgment of July 21, 1989. Series C. N° 8; para. 34; and Velásquez-Rodríguez Case. Compensatory damages (Art. 63.1 of the American Convention on Human Rights). Judgment of July 21, 1989. Series C N° 7, para. 36.