35
stating that the two last positions occupied by Mrs. Reverón Trujillo, that is Judge in
Control duties and Judge in Trial duties (supra para. 49), are being occupied by
titular judges.153 In this sense, the Court considers that these were not the reasons
why the SPA did not order the reinstatement of Mrs. Reverón Trujillo, which would be
enough to dismiss the State’s arguments. However, the Tribunal points out that the
entitlement of the judges mentioned by the State occurred after October 1, 2006 and
May 16, 2008, respectively, 154 that is, two and almost four years after the SPA
denied the reinstatement of the alleged victim.
126. In what refers to the lack of payment of the salaries that were not perceived by
Mrs. Reverón Trujillo, the Court considers that neither the restructuring of the
Judicial Power or the provisional nature of the position of the alleged victim have any
relationship whatsoever with her right to be repaired for the arbitrary dismissal she
suffered. According to the Court’s jurisprudence, reparations are measures that seek
to make the effects of the violations committed disappear.155 The reparation of the
damage caused by the violation requires, as long as possible, complete restitution
(restitutio in integrum), which consists in the reestablishment of the previous
situation. If this is not possible, a series of measures shall be determined in order to,
besides guaranteeing the rights infringed, repair the consequences resulting from the
infraction, as well as establish the payments of an indemnity as compensation for the
damages caused. 156 Specifically, the Tribunal has stated that in cases of arbitrary
dismissals of judges, “the State shall reimburse those judges for the salaries and
benefits they did not perceive.”157
127. Based on all the aforementioned, the Tribunal considers that the State violated
Article 25(1) of the American Convention, in relation to Articles 1(1) and 2 of the
same, sincefirst of all, that the remedy to which Mrs. Reverón Trujillo had access did
not offer the adequate reparations. Second, there was no justified reason to not
reinstate Mrs. Reverón Trujillo to the judicial position she occupied and pay the
salaries not perceived by her. Therefore, the domestic remedy filed did not result
effective. On the other hand, some of the regulations and practices associated to the
judicial restructuring process that is being implemented in Venezuela (supra para.
121), due to the specific consequences it had on the specific case, causes a very high
infringement on judicial independence.
128. In view of the previous conclusion and that exposed in paragraph 62 supra, the
Court considers that it is not necessary to analyze in this chapter if the reparation
measures agreed on by the SPA in favor of Mrs. Reverón Trujillo were adequate,
especially, the competitive tender, since, it reiterates, the adequate reparations were
the reinstatement of the position and payment of the salaries that were not
153
Cf. Details of the Judge Tivisay Sánchez (dossier of annexes to the final written arguments of the
State, Volume II, annex 26, folio 3786), and Details of the Judge Marta Isabel Gomis (dossier of annexes
to the final written arguments of the State, Volume II, annex 26, folio 3788).
154
Cf. Details of the Judge Tivisay Sánchez, supra note 153, folio 3786 and details of the Judge
Isabel Gomis, supra note 153, folio 3788.
155
Cf. Case of Hilaire, Constantine, and Benjamin et al. v. Trinidad and Tobago. Merits, Reparations,
and Costs. Judgment of June 21, 2002. Series C No. 94, para. 205; Case of Goiburú et al. v. Paraguay.
Merits, Reparations, and Costs. Judgment of September 22, 2006. Series C No. 153, para. 143, and Case
of La Cantuta v. Peru. Merits, Reparations, and Costs. Judgment of November 29, 2006. Series C No. 162,
para. 202.
156
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs. Judgment of July 21, 1989.
Series C No. 7, para. 25 and 26; Case of La Cantuta v. Peru, supra note 155, para. 201, and Case of
Bayarri v. Argentina supra note 10, para. 120.
157
Cf. Case of the Constitutional Court v. Peru, supra note 58, para. 120.
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