243,000.00 (two hundred and forty-three thousand United States dollars) for
pecuniary damages. 7
15. Similarly, footnote 145 specifies the amounts that Mr. Nissen Pessolani received for
salaries or remuneration in the public sector, based on information presented by the State:
According to the DGAJ Report No. 114/2021 of the General Directorate of Legal
Affairs, dated September 20, 2021 (evidence file, folios 4159 to 4169), Mr. Pessolani
received the following amounts for salaries or compensation in the public sector:
Ministry of Public Works and Communications: 164,851,200 guaraníes during 2008,
2010, 2011 and 2012. Presidency of the Republic: 81,644,920 guaraníes for the years
2019 to 2021. Ministry of Public Works and Communications: 296,792,400 guaraníes
for the years 2010 to 2011. ESSAP: 60,011,024 guaraníes for the years 2012 to 2103.
National Secretariat of Tourism: 236,770,268 guaraníes corresponding to the years
2019 to 2021. For a total of 840,069,812 guaraníes. Thus, if we subtract these
amounts paid by the State from Mr. Nissen Pessolani’s claim for payment of back
wages (for 2,582,170,600 guaraníes), we are left with the sum of 1,742,100,788
guaraníes, which would correspond to USD$ 243,000.00 (two hundred and forty-three
thousand United States dollars). 8
16. In making these calculations, the Court took into account the evidence presented by
the parties that had been admitted in the adversarial proceedings. In its request for
“rectification of a material error,” the State alleged that Mr. Nissen Pessolani has continued
to work in paid employment in the public sector and that, from September 2021 to
November 2022, he received the sum of 89,809,412 guaraníes, which should be deducted
from the amount ordered for back wages. To justify this calculation, it sent an official letter
in which it presented an update of the report of the General Directorate of Legal Affairs
(hereinafter “DGAJ Report”) that served as the basis for calculating of the amounts received.
17.
The Court notes that the State’s request does not refer to a simple rectification of a
material error or to the grounds for interpretation established in Article 67 of the Convention,
but rather seeks to modify the amount of the pecuniary damage determined in the judgment
on the basis of new information that was not made available to the Court at the appropriate
procedural time. In this regard, it should be recalled that the calculation of back pay was
based on the information presented by the State itself in its answering brief. With its request,
the State seeks to include new information that was not submitted to the adversarial
proceedings and that was not known to the Court when the judgment was delivered. In fact,
according to the representative, there is a dispute regarding the nature of some of the
amounts presented by the State in its update of the DGAJ Report; therefore, taking these
into account would imply opening the debate on an aspect that has already been decided
by the Court, which is not possible at this stage of the proceedings.
18. Based on the foregoing, this Court considers that the State’s request for interpretation
is inadmissible.
7
Case of Nissen Pessolani v. Paraguay. Merits, reparations and costs. Judgment of November 21, 2022.
Series C No. 477, para. 127.
8
Case of Nissen Pessolani v. Paraguay. Merits, reparations and costs. Judgment of November 21, 2022.
Series C No. 477, footnote 145.
5