48
The State’s arguments
135. The State did not refer to the alleged non-compliance with Article 26 of the
Convention.
The Court’s findings
136. In this case the common intervenors alleged that the State is responsible for
the violation of Article 26 of the Convention, based on the fact that the alleged
arbitrary nature of the victims’ dismissal and the failure to reinstate them resulted,
among other matters, in the unjust deprivation of their employment and the right to
remuneration and other work-related benefits; the interruption of the access to social
security of the alleged victims and their dependents; the discontinuation of
accumulating years of service, which prevented many of them from obtaining a
retirement pension; and also serious effects on their health. However, the purpose of
this judgment is not to determine the alleged arbitrary nature of the alleged victims’
dismissals or their non-reinstatement, on which the arguments of the common
intervenors are based. The Court has declared that the State violated Articles 8(1)
and 25 of the Convention, relating to judicial guarantees and judicial protection, in
relation to the alleged victims, owing to the lack of certainty about the proceeding
they should or could resort to in order to claim the rights they considered violated,
and to the existence of normative and practical impediments to an effective access to
justice (supra paras. 129 and 132). The Court is aware that the violation of these
guarantees necessarily had prejudicial consequences for the alleged victims, to the
extent that any dismissal has consequences for the exercise and enjoyment of other
rights inherent in labor relations. Such consequences can be considered, when
pertinent, in the following chapter on reparations (infra para. 149).
X
REPARATIONS
APPLICATION OF ARTICLE 63(1)
Obligation to Repair
The Commission’s arguments
137.
The Inter-American Commission alleged, inter alia, that:
(a)
The beneficiaries of the reparations are those named in the Report on
admissibility and merits, and they, in turn, correspond to the persons
established in the judgment delivered by the Constitutional Court in
this case;
(b)
Regarding pecuniary damage, the dismissed congressional employees
not only ceased receiving their salaries, but also incurred significant
expenditure in order to try and obtain due protection and judicial
guarantees in the face of the administrative act establishing their
dismissal. Therefore, the State should adopt the necessary measures
for the alleged victims to receive adequate and opportune reparation
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