However, in the context of pecuniary damage, it is necessary to recognize the
salary and fringe benefits that the victim ceased to receive from the time of her
arbitrary removal until the date that this judgment is handed down, including the
pertinent interest and other related items. Consequently, the Court decides to
establish, in equity, the sum of US$50,000.00 (fifty thousand United States dollars)
that the State must pay within one year of notification of this judgment.
2.
Non-pecuniary damage
185. The Court has developed the concept of non-pecuniary damage in its case
law, together with the circumstances under which it should be compensated.210
2.1
Arguments of the parties
186. The Commission did not request a specific amount for this item in favor of
the victim.
187. The representatives indicated that, “[t]he violations denounced in this case
have caused [Mrs.] Chocrón [Chocrón] significant non-pecuniary damage, because
[…] she was arbitrarily removed without any proceeding, and that removal was
made public.” In this regard, they asked the Court to “order compensation, in
equity, for the non-pecuniary damage caused,” in accordance with the Court’s case
law. On this basis, they considered that the amount for non-pecuniary damage was
the sum of “fifty thousand United States dollars (US$ 50,000).”
188. The State argued that “[it had not] been proved how [Mrs.] Chocrón
[Chocrón] had been affected in a non-pecuniary way, because the termination of
the work relationship resulted in payment of the compensation provided for in the
Organic Labor Law, which the victim received. In addition, [Mrs.] Chocrón
[Chocrón] is not prevented from exercising her profession as a lawyer, and she
could work in that area and obtain an income for herself and/or her family, so that
her separation from the post of judge does not imply per se a down-grading of her
situation, or non-pecuniary damage against her.” In this regard, the State, “asked
that the Court assess the facts in this case objectively and, should it grant
compensation for non-pecuniary damage, do so assessing the true scale of the
damage to the […] victim.”
2.2
Considerations of the Court
189. The Court observes that the only evidence of non-pecuniary damage in the
case file relates to the victim’s testimony during the public hearing. Mrs. Chocrón
Chocrón indicated that, since her appointment was annulled, she has not
participated in any competitive examination, “because during all that time [… she
has] been with [her] lawyers dealing with the corresponding procedures to obtain
[her] reinstatement to the post and a favorable decision.” Similarly, the victim
indicated that, “following [her] removal, [she] has never returned to exercise [her]
profession as a lawyer because [… she] consider[s] that [she] continues to be a
judge and [… she] will not exercise [her] profession until [her] legal situation has
been resolved.”211
210
The Court has established that non-pecuniary damages “may include distress and suffering
caused directly to the victims or their next of kin, the harm to values of great significance to the
individual, as well as changes of a non-pecuniary nature in the living conditions of the victims or their
family.” Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs,
supra note 181, para. 84; Case of Abrill Alosilla et al. v. Peru, supra note 19, para. 116, and Case of
Vera Vera et al. v. Ecuador, supra note 19, para. 133.
211
Testimony given by Mrs. Mercedes Chocrón Chocrón, supra note 35.
54
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