111
[standards]:
a) discharge in 2009”; b) “rank of Colonel”; c) “[t]ime of [s]ervice of
36 years and 6 months”; d) “life expectancy of approximately 72 years”; e)
“existence of an injury, of an emotional and not patrimonial nature.”
154. On the other hand, the Court recalls that the representatives noted, pursuant
to that expressed by the State, that at the domestic level a sum of payment had not
been established for the victim’s compensation and that the calculation had been
done by the ISSFA, in which the victim still owed said institution the sum of
US$6.076.00 (six thousand and six dollars of the United States of America), for
individual and employer contributions since the declaration of unconstitutionality of
the decrees of suspension and discharge until the effective reinstatement to active
service of Mr. Mejía Idrovo, which was also expressed by the State in the public
hearing. Nevertheless, the Court considers that these declarations cannot invalidate
the documentary evidence and the written comments of the State in the proceeding
before the Commission and the Court where Ecuador expresses, explicitly and
repeatedly, that the “total sum recognized for pecuniary damage is of
[US]$194,895.81.” This position has been confirmed by the State in the final written
arguments submitted to this Court on March 28, 2011.
155. Moreover, the Court notes that the Minister of Defense –Land Forces- paid off
the amount of US$570,772.86 (five hundred and seventy thousand, seven hundred
and seventy-two dollars of the United States of American with eighty-six cents), in
favor of the ISSFA in order to allow for the conditions of reinstatement of Mr. Mejía
Idrovo112 to active service. Nevertheless, even though the State has not explicitly
addressed this point, the Court considers that it is clear from the case file that to
date, no payment, has been, with or without the ISSFA, made directly in favor of the
victim.
156. In consideration of the agreement between the parties of the amount
established by the State itself as reparation of the pecuniary and non-pecuniary
damages suffered by the victim, the Court, in the present case, deems it pertinent to
establish the amount of US$ 358,033.59 (three hundred and fifty-eight thousand,
thirty-three dollars of the United States of America and fifty-nine cents), proposed by
Ecuador, calculated until June 2009. Subsequently, the State provided new
information, 113 which included that regarding the period between June 2009 and
September 2010, until Mr. Mejía Idrovo’s reinstatement in the armed forces. Taking
111
Non-pecuniary damages US $163.137,58
Foreseeable amount of pensions for life expectancy
Total
US$358.033,59
=
US$163.137,58
112
Cf. Report of the Social Security Institute of the Armed Forces of the State (ISSFA) (annexes to
the final arguments of the State, annex 1, tome I, fs. 340 and 355).
113
Cf. report on the legal conditions that define the legal framework that regulates the the military
profession, as well as severence of securities, drafted for the recognition of the economic/patrimonial
rights pursuant to Judgment No. 002-09-SIS-CC, issued by the Constitutional Court of Ecuador of 08-OCT2009 relating to the concerns of the Inter-American Court of Human Rights, generated at the hearing held
against the State of Ecuador for Colonel José Mejía Idrovo. Section entitled: Liquidación of emolumentos
of ley como militar en servicio activo – período of reincorporación. “Rubros entre the que se consideran las
remuneraciones que les correspondían recibir como Militar Activo to señor CRNL. JOSÉ ALFREDO MEJÍA
IDROVO [Liquidation of emoluments of law and active military duty - the period of reinstatement. "Items
that are considered among the remuneration Mr. Col. JOSE ALFREDO MEJIA IDROVO. Active Military, was
entitlted to recieve, from August 01, 2001 until September 30, 2010." Total income of settlement of $
250,345.47. (annexes to the final arguments of the State, annex I, pages 340-341).
45
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