1.3.
Request for payment of interest
297. Regarding the payment of interest requested by the representatives, the Court
recalls that, in some cases, it has recognized different types of interest on the pecuniary
damages awarded.317 Nevertheless, in this case, the representatives have not submitted
clear information on how interest should be calculated; therefore, the Court will abstain
from ruling on this request.
2.
Non-pecuniary damage
Arguments of the Commission and of the parties
298. The Commission argued that “if, for well-founded reasons, reinstatement is not
possible, the State shall pay compensation […] to the victims, or their heirs if applicable,
taking into account the non-pecuniary harm caused.”
299. The representatives argued that “the statements [of the judges] reveal [their]
suffering,” and asked that “both the facts and also the impact of the violations on the
victims should be taken into account in order to assess the non-pecuniary damage.”
Regarding the national context, they highlighted that the fact of “having been removed for
[presumably] being corrupt, inept, and politicized warrants a considerable amount,” and
that “the non-pecuniary damage suffered to the honor of the judges […], as regards
employment, and also the family and society, extended over time and was severe.” They
considered that “the amount for non-pecuniary damage should not be less than
US$500,000.” The representatives also asked for “integral reparation,” taking into account
the effects on the “life project” of the judges.
300. The State indicated that the life project of the former members of the Constitutional
Tribunal “was not brought to a halt by the State for any reason.” It indicated that the Court
has not established a financial sum with regard to the life project. In addition, it considered
that the sworn statements presented by the victims “do not constitute appropriate probative
documents within an inter-American system that is the guarantor of due process.” The State
also argued that many of the members indicated that their health had been affected, but
this had not been substantiated. Regarding the sum of US$500,000.00 requested by the
representatives, the State indicated that this “could not be considered by the Court,
because in the interests of impartiality and procedural balance, the Court should not accept
evidence that cannot be contested by the parties.”
317
In the case of the Dismissed Congressional Employees v. Peru, the Court determined the pecuniary
damage based on the “legal interest” and the “interest based on the reports issued by the Superintendence of
Banks and Insurance.” Cf. Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru.
Preliminary objections, merits, reparations and costs. Judgment of November 24, 2006. Series C No. 158, para. 81
h). In the case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, it ordered the State to pay the pecuniary damage
“plus the interest corresponding to bank interest on arrears in Ecuador”. Cf. Case of Chaparro Álvarez and Lapo
Íñiguez v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of November 21, 2007. Series
C No. 170, para. 245. In the case of Salvador Chiriboga v. Ecuador, which related to an expropriation, the Court
concluded that, under Ecuadorian law, simple interest was applicable, and that this type of interest had also been
ordered by the European Court of Human Rights in cases of pecuniary damage. In this regard, the Court
emphasized that “the European Court of Human Rights has indicated that the measures used, combined with the
excessive duration of the judicial proceedings, places the petitioners in a situation of great uncertainty, which
increases the prejudicial effects of these measures, so that they have had to support a special burden that disrupts
the just balance between the requirements of general interest and the safeguard of the right to respect for
property. In cases such as this, the European Court has ordered the payment of interest calculated on the basis of
a legal rate.” Cf. Case of Salvador Chiriboga v. Ecuador. Reparations and costs. Judgment of March 3, 2011. Series
C No. 222, para. 93.
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