-112303. The Court observes with great concern that the domestic judgments which are the object of the instant case have provided for different solutions to the issue of the wages lost by the victims who should have been reinstated. Nonetheless, this Court is unable to modify judgments rendered by domestic courts regarding the period extending from the date of dismissal until the orders of amparo. Therefore, with respect to the orders of amparo that only direct reinstatement, this Court will determine the pecuniary damage as from the date they became final and unappealable. 304. Regarding the judgments that only order reinstatement, the Court deems that, as those judgments are orders of amparo, they should have been abided by forthwith so that the victims, once effectively reinstated, would have resumed collection of their salaries. However, owing to the fact that six to nine years have elapsed between the orders directing reinstatement and the instant judgment, without the former having been complied with, the Court finds it necessary and just that they be given compensation for lost wages,176 as this damage resulted from non-compliance with the orders of amparo. Compensation amounts must be fixed by domestic authorities and in case there be any disagreement or discrepancies thereupon, they must be settled in the domestic forum, following the domestic procedures applicable, something which includes the possibility of resorting to the authorities having jurisdiction, among which the national courts of justice. The amounts will be fixed taking into account the time the victims remained unjustly dismissed, as from the date the judgments became final up to the effective compliance therewith or up to the worker’s death and must include the amounts of any lost wages. In the case of deceased workers, payments will be made to their successors. 305. Likewise, the state authorities having jurisdiction must determine, under domestic laws and by the pertinent mechanisms, who the victims with right to retirement pension are, by reason of their age, health condition or any other circumstances contemplated in the domestic laws. In the case of deceased victims, the state authorities having jurisdiction must determine, under domestic laws and by the pertinent means, who the beneficiaries of the pertaining death pension are. In order to make such determinations, both the service years accrued and the time the victims remained dismissed shall be taken into account. 306. The State must adopt any necessary measures to ensure that the workers who have not been reinstated under the orders of amparo have access to the social security system 307. The State must, within fifteen months, pay the victims the compensations for loss of wages (supra para. 304), pay the pensions referred to above (supra para. 305) and ensure that the workers who have not been reinstated have access to the social security system (supra para. 306). * * 176 * Cf. Case of Baena-Ricardo et al. Judgment of February 2, 2001. Series C No. 72, para. 203; and Case of the Tribunal Constitucional (Constitutional Court). Judgment of January 31, 2001. Series C No. 71, para. 120.

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