B.2. Considerations of the Court
24.
The Court recalls that paragraph 144 of the judgment states the following:
Regarding the compensation for pecuniary damage, under the concept of loss of earnings, the Court
recalls that a resolution of February 9, 2005, appointed the official who would permanently assume
the function exercised by the victim at the time of his removal. Consequently, the corresponding
calculation must be adjusted to this circumstance. Therefore, based on the period over which
compensation should be paid for loss of earnings (from January 21, 2003, to February 9, 2005),
and based on the amounts corresponding to the remuneration of officials with equivalent functions
to that exercised by the victim at the time of the facts, the same figure appearing in the evidence
provided by both parties, the Court orders the payment of the sum of US$25,000.00 (twenty-five
thousand United States dollars) for loss of earnings in favor of Julio Casa Nina.
25. The representative requested clarification on whether the amount that was set
included “pension entitlements” for the “affected years,” as well as “employment rights,
“such as AFP (Pension Fund Administrators), ONP (Office of Pension Normalization), and
others.”
26. With regard to this request, the Court recalls that, consistent with the nature of
compensation for pecuniary damage for lost income or lost profits, the amount that was
set included all the intrinsic or derived benefits of that employment relationship during
the corresponding period. This follows from the concept of set compensation itself, and
no further clarification is needed. Therefore, the representative’s request is rejected.
C. The State's request for interpretation regarding the legal
modifications ordered as a guarantee of non-repetition
C.1. Arguments of the parties and of the Commission
27. The State requested clarification of paragraphs 136 to 139 of the judgment, as
well as the seventh operative paragraph, with respect to the legal modifications ordered
as a guarantee of non-repetition. It addressed three issues in its request. First, it asked
for clarification on “the purpose and implications of the State modifying its domestic law
with the aim of guaranteeing stability for provisional prosecutors,” since “it is not
completely clear,” as “it can make adjustments at the regulatory, legislative, or
constitutional levels,” so “it is necessary [...] to know [...] which type of legal
modification” would constitute compliance with the order.
28. Second, Peru noted that in the event of a public competition for candidates, even
though there is a specific timeline, for a variety of reasons there might not be an exact
date for filling the position with an incumbent, including in cases in which the competition
is suspended or declared unsuccessful. Thus, “it ask[ed] for clarification on what would
constitute compliance with the judgment in those scenarios.”
29. Finally, the State requested interpretation of paragraph 139 of the judgment,
regarding “the scope of the concept of conventionality review with respect to the
obligation to make domestic legal modifications.” In this regard, it noted that the
judgment, according to the concurring and partially dissenting opinion of one of the
judges, “can be contradictory because on one hand, [...] it states that the legal
framework can be interpreted as being consistent with the C[onvention], and on the
other, an express modification of the same [laws] is demand[ed].”
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