that the Judgment constitutes per se a form of reparation. 244 However, considering the
circumstances of the case sub judice, and having regard to the effects on the victims, as
well as the non-material and non-pecuniary consequences arising from the violations of the
Convention declared to their detriment, the Court deems it appropriate to order measures of
satisfaction, restitution and guarantees of non-repetition.
B.
Measures of satisfaction, restitution and guarantees of non-repetition
1.
Measures of satisfaction: publication of the Judgment
Arguments of the Commission and of the parties
206.
As measures of satisfaction the representatives requested that “[t]he Ecuadorian
State […] publicly acknowledge its international responsibility by publishing the main
paragraphs of the Judgment on Merits in the newspapers with the widest national circulation
[and], given that some judges live in Guayaquil, Cuenca and Quito [they requested] their
publication in the national newspapers with widest local circulation, namely in the daily
newspapers El Universal in Guayaquil, El Comercio in Quito and El Mercurio in Cuenca.”
They also requested that “the Judgment [be] published in the Official Record” and that it be
made “available on the official web sites of the Judiciary, the Attorney General’s Office and
the Constitutional Court.”
207.
Regarding the request to publish the most important sections of the Judgment in
three national newspapers, the State argued that this request is beyond the scope of the
Inter-American Court, and that if the State should be ordered to issue a publication it would
be published in the Official Record and in a newspaper with national circulation.
Considerations of the Court
208.
The Court orders, as it has on previous occasions, that the State publish, within a
period of six months as of notification of this Judgment: a) the official summary of the
Judgment delivered by the Court, once only in the Official Gazette of Ecuador; b) the official
summary of this Judgment issued by the Court, once only, in a newspaper with wide
national circulation and c) make available the entire Judgment for one year, on the
Judiciary’s official web site.
2.
Measures of compensation
Arguments of the Commission and of the Parties
209.
The Commission requested that the Court “[r]einstate the victims, if they so wish,
in the judiciary in a position similar to the one they had held, with the same salary, social
benefits and rank that they would have today, had they not been dismissed. If for wellfounded reasons reinstatement is not possible, the State shall pay reasonable compensation
to the victims or their successors.” During the public hearing, the Commission stated that
“precisely recognizing the legal and institutional difficulties in providing possible redress in a
case of this nature, it formulated the recommendation in alternative terms, either
reinstatement in their positions or else alternative compensation; however it is important to
clarify that such alternative compensation is specifically the alternative to reinstatement and
does not replace the possible compensation for pecuniary or non-pecuniary damages.”
244
Cf. Case of Neira Alegría et al. v. Peru. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of Mendoza et al. v. Argentina, para. 355.
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