51
5.
The State did not violate Article 5(1) of the Convention, pursuant with
paragraphs 152 through 154 of this Judgment.
AND ORDERS,
by six votes against one, that
6.
This Judgment constitutes per se a form of reparation.
7.
The State shall reinstate Mrs. Reverón Trujillo, within a maximum sixmonth term computed as of the notification of this Judgment, to a similar position to
the one previously occupied by her, with the same remuneration, social benefits, and
a rank similar to those that would correspond to her today if she would have been
reinstated when required, pursuant with paragraphs 163 and 164 of the present
Judgment. On the contrary, it shall pay the amount established pursuant with
paragraph 165 of the present Judgment.
8.
The State shall immediately eliminate from Mrs. Reverón Trujillo’s
personal file the settlement form that states the victim was dismissed.
9.
The State shall adopt, as soon as possible, the measures necessary for
the approval of the Ethics Code, if it has not been done, in the terms of paragraphs
190 and 191 of the present Judgment.
10.
The State shall adjust, within a reasonable period of time, its domestic
legislation to the American Convention through the modification of the rules and
practices that consider provisional judges as freely removable pursuant with that
stated in paragraphs 192 and 193 of this Judgment.
11.
The State shall make the publications indicated in paragraph 195 of
the present Judgment within a six-month term as of its notification.
12.
The State shall pay the amounts established in paragraphs 174, 183,
and 202 supra, for pecuniary and non-pecuniary damages and the reimbursement of
costs and expenses within a one-year term computed as of the notification of the
present Judgment, in the terms of paragraphs 203 through 207 of the same.
13.
The Court will monitor full compliance of this Judgment, in exercise of
its powers and in compliance of its duties pursuant with the American Convention,
and will consider the present case concluded when the State has fully complied with
that stated therein. The State shall, within a six-month term computed as of the
notification of this Judgment, present the Court with a report on the measures
adopted to comply with it.
Judge Einer Elías Biel Morales presented his Dissenting Opinion, enclosed with the
present Judgment.
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