286. For its part, the State attached a table of settlement payments to seven of the eight
former members with a calculation from December 1, 2004, to March 23, 2007; in other
words up until the date of the end of their mandate. 309 According to the State, “[t]he legal
basis to support the amounts of the remuneration of the members of the former
Constitutional Tribunal, are the Regulations for the Remuneration of the members of the
Constitutional Tribunal and of the official gazette.”310 The State provided a list indicating: (i)
the earnings, including bonuses; (ii) the deductions (individual contribution and retirement
fund), and (iii) the institutional contributions to the Ecuadorian Social Security Institute
(IESS) (employer’s contribution and reserve fund) of the members. In addition, the State
certified the following total amounts for the period from December 1, 2004 to March 23,
2007:
a) Oswaldo Cevallos Bueno: (i) earnings: US$265,071.86; (ii) deductions:
US$7,008.54, and (iii) institutional contribution to the IESS: US$8,538.86;
b) Jaime Manuel Nogales Izureta: (i) earnings: US$254,996.84; (ii) deductions:
US$6,711.21, and (iii) institutional contribution to the IESS: US$8,(1)76.61;
c) Mauro Leónidas Terán Cevallos: (i) earnings: US$244,921.86; (ii) deductions:
US$6,413.88, and (iii) institutional contribution to the IESS: US$7,814.35;
d) Simón Bolívar Zabala Guzmán: (i) earnings: US$244,921,.86; (ii) deductions:
US$6,413.88 and (iii) institutional contribution to the IESS: US$7,814.35;
e) Miguel Camba Campos: (i) earnings: US$226,948.05; ii) deductions: US$6,413.88;
and (iii) institutional contribution to the IESS: US$7,814.35;
f) Luis Vicente Rojas Bajaña: (i) earnings: US$218(2)06,80; (ii) deductions:
US$6,413.88, and (iii) institutional contribution to the IESS: US$7,814.35, and
g) Pablo Enrique Herrería Bonnet: (i) earnings: US$230,755.02; (ii) deductions:
US$6,413.88, and (iii) institutional contribution to the IESS: US$7,814.35.
287. The Court observes that the representatives did not provide precise information on
the earnings of the judges between 2004 and 2007. However, the State did not present any
objections with regard to possible employment or professional activities that the judges may
have carried out during those years. Therefore, the Court will not analyze a reduction in the
amounts of pecuniary damage for other earnings obtained by the judges.
288. Consequently, the Court establishes the following amounts as pecuniary damages for
the remuneration and social benefits that the judges ceased to receive over the period
December 1, 2004, to March 23, 2007:
a) For Judge Oswaldo Cevallos Bueno, it establishes the sum of US$265,071.86 (two
hundred and sixty-five thousand and seventy-one United States dollars and eightysix cents);
b) For Judge Jaime Manuel Nogales Izureta, it establishes the sum of US$254,996.84
(two hundred and fifty-four thousand nine hundred and ninety-six United States
dollars and eighty-four cents);
c) For Judge Mauro Leónidas Terán Cevallos, it establishes the sum of US$244,921.86
(two hundred and forty-four thousand nine hundred and twenty-one United States
dollars and eighty-six cents);
309
Cf. Constitutional Court, Memorandum DF-C-242-2011 of September 13, 2011 (file of annexes to the
answering brief, tome I, folios 4163 to 4206).
310
Cf. Constitutional Court, Memorandum DF-C-242-2011 of September 13, 2011 (file of annexes to the
answering brief, tome I, folios 4163 and 4164).
83