146. This Court has established that the reparations must have a causal
relationship with the facts of the case, the violations declared, and the damage
proved, as well as with the measures requested to repair the respective damage.
Therefore, the Court must examine these elements in order to rule appropriately
and in keeping with the law.183
A.
Injured Party
147. The Court reiterates that, according to Article 63(1) of the American
Convention, the person who has been declared a victim of the violation of any right
enshrined in the Convention is considered an injured party.184 Therefore, the Court
considers Mercedes Chocrón Chocrón to be an “injured party”, and as victim of the
violations declared in Chapter VII, she will be eligible for the reparations that the
Court orders below.
B.
Integral measures of reparation: restitution and satisfaction, and
guarantees of non-repetition
148. The Court will determine measures that seek to repair the non-pecuniary
damage and that are not of a monetary nature, and will order measures of public
scope or repercussion.185
149. International case law and, in particular, that of the Court have established
repeatedly that the judgment constitutes per se a form of reparation.186
Nevertheless, considering the circumstances of the case sub judice, and in light of
the effect on Mrs. Chocrón Chocrón owing to the changes in her situation, her
expectations of professional development, and the other non-pecuniary
consequences resulting from the violations of Articles 8(1) and 25(1), in relation to
Article 1(1) and 2 of the American Convention, that have been declared to the
detriment of the victim (supra paras. 123, 130 and 142), the Court finds it
pertinent to order the following measures.
1.
Restitution
150. The Commission and the representatives requested that the victim be
reinstated in her post as Criminal Judge of First Instance of the Caracas
Metropolitan Area Judicial Circuit, or, failing that, in a post of equal seniority and on
the same judicial circuit, with the same remuneration, fringe benefits, and other
pertinent legal consequences that would correspond to her if she had not been
arbitrarily dismissed. In addition, the representatives requested “that, when her
reinstatement has been agreed, the Judicial Commission of the Supreme Court of
Justice, or any other authority assuming its functions, be ordered to refrain from
removing [Mrs. Chocrón Chocrón] in a discretionary manner and without due
183
Cf. Case of Baldeón García v. Peru. Merits, reparations and costs. Judgment of May 6, 2006.
Series C No. 147, para. 177; Case of Abrill Alosilla et al. v. Peru, supra note 19, para. 89, and Case of
Vera Vera et al. v. Ecuador, supra note 19, para. 107.
184
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Reparations and costs.
Judgment of May 25, 2001. Series C No. 76, para. 82; Case of Abrill Alosilla et al. v. Peru, supra note
19, para. 87, and Case of Vera Vera et al. v. Ecuador, supra note 19, para. 109.
185
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs.
Judgment of May 26, 2001. Series C No. 77, para. 84; Case of Vélez Loor v. Panama, supra note 147,
para. 261, and Case of Salvador Chiriboga v. Ecuador. Reparations and costs. Judgment of March 3,
2011. Series C No. 222, para. 125.
186
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs, Judgment of September 19,
1996. Series C No. 29, para. 56; Case of Abrill Alosilla et al. v. Peru, supra note 19, para. 132, and Case
of Vera Vera et al. v. Ecuador, supra note 19, para. 135.
46
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