caused to the victims; ii) determine whether the amounts should be calculated up to 2008
or else until the publication of this Judgment; iii) settle the dispute raised by the State
regarding the judges who held public office after their dismissal, and iv) establish the
criteria and set the amounts corresponding to each victim in this case.
1(1). Pecuniary damage
232. The Court emphasizes that the violations declared in this Judgment are related to the
principle of judicial independence and its implications for due process whereby, as a result
of their arbitrary dismissal, the judges suffered financial loss, since they no longer earned
income from their work as members of the Judiciary. They had a right to this income, given
that none had acted in a manner that constituted grounds for dismissal, which gave them
the legitimate expectation of continuing to earn a salary based on the position they held.
This led them to take on financial commitments which they had the legitimate expectation
of being able to meet, unless they were dismissed for reasons attributable to their own
actions. In this regard, Mr. Arturo Donoso stated at the public hearing that he:
“[joined] the [Supreme] Court knowing that [his] duties were for life [, and therefore] ma[de] a life
plan according to the earnings he expect[ed] to obtain from his work […] and obviously [he]
acquire[d] some financial commitments for a very sad reason – [his] third child suffered from an
unknown congenital disease […] for which there is no treatment, […] and Quito, the capital of
Ecuador, is a city 2819 meters above sea level and it is impossible for a person with that disease to
live at that altitude. In order to prolong [his child’s] life and improve his basic conditions, a basic
human right, […he] and [his] wife acquire[d] a mortgage to buy a small house by the sea [and they]
became indebted for that.” 253
233. Mr. Donoso, in turn, testified on the situation of several of his colleagues. Indeed, he
stated that:
“Dr. Milton Moreno Aguirre developed cancer shortly after he was dismissed in that way. He did not
have the financial means to manage and in order to cover his treatment his wife had to sell her only
property in the city of Guayaquil and subsequently he died. Dr. Miguel Villacís […] was ousted in an
unconstitutional, unlawful and unspeakable manner when he only had another six months to work
before retirement and he lost all his retirement benefits and had to live on the meager earnings he
was able to obtain, after having been a professional judge, [he had to] learn to litigate and live on
the small income that he had.” 254
234. Similarly, Mr. Bermeo Castillo explained that from the time of his dismissal he had
only been able to obtain contracts for occasional services, which created constant financial
uncertainty. 255 Mr. Brito Mieles stated that since his dismissal his professional activity had
diminished with a progressive loss of work. 256 Mr. Ramírez Alvarez explained that he had
not exercised his profession for seven years, and therefore starting over implied a difficult
situation since he had to reopen his office and acquire clients. 257 Mr. Riofrío Corral explained
that he had to submit an application for retirement to obtain a monthly pension set at US$
220, because he had not paid contributions for the required time or reached the required
253
Declaration rendered by Mr. Donoso Castellón before the Inter-American Court in the public hearing held in
this case.
254
Statement rendered by Mr. Donoso Castellón before the Inter-American Court in the public hearing held in
this case.
255
Cf. Affidavit rendered by Armando Bermeo Castillo (File of attachments to brief of pleadings and motions,
volume I, page 2372).
256
Cf. Affidavit rendered by Eduardo Enrique Brito Mieles (File of attachments to brief of pleadings and
motions, volume I, page 2403).
257
Cf. Affidavit rendered by Jorge Enrique Ramírez Álvarez (File of attachments to brief of pleadings and
motions, volume I, page 2648).
66