E.1 Pecuniary Damage
125. The Commission did not rule specifically on this matter. The victim requested the
payment of S /. 4,425,578.30 Peruvian Soles (USD $ 1,265,000 approx.) for unearned
remuneration and S /. 4,185,941.94 (USD $ 1,195,000 approx.) for consequential damages and
lost profits. Additionally, it pointed out that, due to her dismissal, she experienced an additional
financial loss, as, having started to work in 1973, her retirement was under the protection of the
regime established in Law 20530, one of the advantages of which was that she could retire on
100% of her final salary, allowing that amount to be increased based on the increases made for
the position in which she would have retired. In that regard, she requested that her retirement
be processed immediately, respecting her date of entry and the corresponding regime.
126. The State maintained that it was fully willing to comply with the recommendations made
by the Inter-American Commission, however, it stated that it was impossible to comply with the
pecuniary claim made by Mrs. Moya Solís. It stressed that the amounts alleged by Mrs. Moya
Solís are based on entering the judicial profession and holding the position of magistrate.
However, it maintained that having held the position of judicial clerk did not ensure that she could
be appointed as a judge. The State also indicated that, if Mrs. Moya Solís had wanted to enter
the judicial profession, she could have done so through the corresponding public tender.
Regarding the request related to the retirement pension, it indicated that Mrs. Moya Solís started
working in the public administration on July 3, 1973. At that time, the social security regime of
Decree Law No. 20530 was closed. This regime was opened in 1985, through Law No. 24366, for
employees who as of February 24, 1974 had seven (7) years or more of service and continue to
do so without interruption, a requirement that Mrs. Moya Solís did not meet, who at that time
had less than one (1) year of service. It also indicated that, to be eligible for the pension
corresponding to the full final salary, the person must have rendered their services for 25 years,
which did not happen in this case. It also pointed out that, to date, Mrs. Moya Solís also does not
meet the requirements to access a retirement pension under Decree Law No. 19990, since
according to what was reported by the Social Security Office (ONP) there are only five (5) months
of contributions, and the regulations require that for women to access a pension they must have
twenty (20) years of contributions and be sixty-five (65) years of age.
127. The Court has established in its case law that pecuniary damage involves the loss or
detriment of income for victims, the expenses incurred as a result of the events and the pecuniary
consequences with a causal link to the facts of the case.89 In this case, taking into account the
time that has elapsed since Mrs. Moya Solís’ termination from office and that it was not possible
to order her reinstatement to her position, the Court resolves to establish, for pecuniary damage,
a compensation in equity corresponding to USD $ 50,000.00, (fifty thousand United States
dollars).
E.2 Non-pecuniary damage
128. The Commission did not rule specifically on this matter. The victim requested the
payment of S /. 6,270,000 (USD $ 1,790,000 approx.) for non-pecuniary damage.
129. The State argued that the calculation of the amount for non-pecuniary damage was based
on the amount used to calculate the loss of profits, which is incorrect, insofar as the non-pecuniary
damage is different from pecuniary damage and the same basis could not be used for its
quantification. Additionally, it maintained that, although Mrs. Moya Solís indicated that the
damage to her life plan cannot be compensated, she also pointed out that she has been able to
Cf. Case of Bámaca Velásquez v. Guatemala. Repairs and Costs. Judgment of February 22, 2002. Series C
No. 91, para. 43, and Case of Casa Nina v. Peru, supra, para. 143.
89
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