d) For Judge Simón Bolívar Zabala Guzmán, 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);
e) For Judge Miguel Camba Campos, it establishes the sum of US$226,948.05 (two
hundred and twenty-six thousand nine hundred and forty-eight United States dollars
and five cents);
f) For Judge Luis Vicente Rojas Bajaña, it establishes the sum of US$218,206.80 (two
hundred and eighteen thousand two hundred and six United States dollars and eighty
cents), and
g) For Judge Pablo Enrique Herrería Bonnet, it establishes the sum of US$230,755.02
(two hundred and thirty thousand seven hundred and fifty-five United States dollars
and two cents).
1.2.
Analysis of the situation of the alternate member Manuel Jaramillo Córdova
289. For Manuel Jaramillo Córdova, who was the alternate member for Mr. Cevallos
Bueno, President of the Constitutional Tribunal at the time of the facts, the representatives
requested a remuneration equivalent to that of a titular member because he had
presumably acted as a full-time member to assist the President of the Constitutional
Tribunal in his activities (supra para. 279).
290. Regarding the appointment of Mr. Jaramillo Córdova, the Court observes that the
case file contains Note No. 694-TC-SG dated November 26, 2003, in which the Secretary
General of the Constitutional Tribunal informed Mr. Jaramillo Córdova that “[i]n accordance
with paragraph (v) of article 24 of the Organizational and Operating Regulations, I wish to
inform you that, as an alternate member, you should incorporate the Second Chamber of
the Tribunal starting on Monday, December 1, 2003.”311 In this regard, article 24(v) of the
Organizational and Operating Regulations of the Constitutional Tribunal established that
“[i]n order to expedite the processing of administrative and financial matters, as well as a
better attention to the matters submitted to the consideration of the Chamber to which he
belongs, [the President] may excuse himself from incorporating the Chamber, if he
considers this necessary.”312
291. For its part, the State provided a Note of the Constitutional Court of July 6, 2012,
according to which Mr. Jaramillo Córdova “acted as assistant judge of the former
Constitutional Tribunal” and that “the position, for the purposes of payment for his
activities, was included in the concept of substitution of functions, which is calculated based
on the daily rate of the unified monthly remuneration of the titular member, for the number
of days on which the General Secretariat of the entity certifies his activities. The alternate
members are not included on the entity’s payroll and their activities are carried out owing to
the absence of the titular member; hence they do not have a fixed income.”313
292. The State also presented a note of the Constitutional Court of April 18, 2013,
certifying that Mr. Jaramillo Córdova “received an amount proportionate to the
remuneration of the titular member for the time that he was a member of the chambers of
311
Constitutional Tribunal, Note No. 694-TC-SG of November 26, 2003 (merits file, tome V, folio 1907).
312
Article 24(v) of the Organizational and Operating Regulations of the Constitutional Tribunal of October 30,
1997 (merits file, tome V, folios 1910 to 1917).
313
Constitutional Court, Note No. 039/CC/SGI/2012 of July 6, 2012 (merits file, tome I, folio 397).
84