65
reinstated in a temporary position, the pertinent public competitive selection
processes should be conducted as soon as possible through an adequate and
effective procedure.” In turn, the representative requested that “in order to secure
the independence of the Judiciary” “the victims’ removal from office be set aside and
reinstatement in their positions be effected.”
245. The State alleged that setting aside removal from office and reinstating the
judges in their position “is no reparation” since if “the State’s responsibility were
determined, the prior situation of the judges would be restored, and taking the facts
regarding the appointment defects as proven” this, “far from being reparative, is
clearly ‘condemnatory.’”
246. The Court has determined that the removal of the victims from their position
was the result of a process that was in violation of judicial guarantees and judicial
protection. Consequently, taking into consideration that the irremovability of judges,
whether they be temporary or permanent, must ensure that those who were
arbitrarily removed from their position as judges be reinstated therein, the Court
deems that as a reparation measure the State must reinstate the victims, if they so
desire, in a position in the Judiciary in which they have the same rank, salary and
related social benefits as they had prior to their removal. If, due to legitimate
reasons that are beyond the will of the victims, the State could not reinstate them in
the Judiciary within the term of six months as from notice of this Judgment, it shall
pay each of the victims the amount set in equity of US $ 100,000.00 (one hundred
thousand United States dollars) or its equivalent amount in national currency, within
eighteen months as from notice of this Judgment.
3.2.
Publication of the Judgment and public apology
247. The Commission and the representative requested that the State “publicly
apologize to the victims, through the same communications means that the State
used to attack them” and that such public apology “be published for two successive
Sundays in El Nacional and El Universal de Caracas newspapers, together with the
operative paragraphs of the Judgment rendered by the Court.”
248. The State considered that the claims submitted by the victims were not
relevant as “only on two occasions did the President refer to the instant case and not
as the main subject of his speeches, but just as a statement typically made by the
President of a democratic country, as he must refer to any situation which is in the
public domain, just to cite an eminent national and international emblematic figure.”
249. As established by the Court in prior cases,260 as a measure of satisfaction the
State must publish once in the Official Gazette and in another newspaper of
widespread circulation, paragraphs 26 to 40, 42 to 45, 84 to 91 and 136 to 147 of
this Judgment, together with the operative paragraphs thereof, without footnotes,
within the term of six months as from notice of this Judgment.
250. As for the other claims, the Court considers that rendering this Judgment and
ordering the publication of a section thereof in the Official Gazette and in another
newspaper of widespread circulation, are in and of themselves sufficient reparation in
the instant case and that ordering a public apology is not relevant.
260
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001.
Series C No. 88, para. 179; Case of Zambrano Vélez et al., supra note 18, para. 215, and Case of Cantoral
Huamaní and García Santa Cruz, supra note 12, para. 192.
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