to start exercising his profession again for two reasons: one, owing to the emotional crisis
and, the other, because he had lost his clientele; thus [he] had to cut [himself] off
completely from the exercise of his profession and any other similar activity.” Mr. Nogales
Izurieta stated that “[t]he facts affected [him] personally, causing […] serious psychological
depression that turned into a state of stress and anguish, […] emotional problems that even
affected [his] health and this situation even affected [his] personal relationships. In
addition, having moved to Quito, this caused an emotional crisis in [his] family.” Lastly, Mr.
Rojas Bajaña stated that his “health was seriously affected as a result of the negative
events, [and …] also [his] financial situation, having lost [his] work and [his] income.” He
also indicated that “the health of [his] wife and children were severely affected, […] owing
to the negative psychological, financial and health effects that affected [him] and still affect
[him] today.”
305. The Court considers it evident that the termination of their functions, the dismissal
by means of impeachment proceedings, and the way in which this occurred, caused nonpecuniary damage to the judges, which was manifested by symptoms such as the
depression that some of them suffered or the feelings of shame and uncertainty. The judges
also suffered non-pecuniary damage because they could not work as judges of the Judiciary,
and receive a remuneration for their work that would allow the victims and their families to
enjoy a similar way of life to the one they had before the termination and the impeachment
proceedings. Nevertheless, the Court underlines that, in this case, only the statements of
the victims were provided as evidence of non-pecuniary damage. However, when weighing
all the factors to determine the amount for non-pecuniary damage, the Court takes into
account its case law in the matter. Accordingly, the Court establishes, in equity, the sum of
US$5,000.00 (five thousand United States dollars) for each victim, and grants a time frame
of one year for the payment of this amount.
D.
Other measures of reparation
Arguments of the Commission and of the parties
306. The Commission asked the Court to order the State “[t]o acknowledge publicly […]
the violations declared in the present case.”
307. The representatives requested, as other measures of satisfaction, that the Court
order the State “[t]o place a plaque with the names of the victims in this case, in
recognition of their struggle to defend the institutional framework and democracy, in a
visible place in the Constitutional Court’s building.” They also asked that “it remove any
record of the passage through the institution (in the corridors, plaques etc.) of the persons
who usurped the functions of the members […] of the Constitutional Tribunal.”
308. The representatives also asked that: (i) “it be made mandatory to study the Court’s
judgment in this case in the Judicial School and that it be incorporated into the School’s
curriculum”; (ii) the “Center for the Study and Dissemination of Constitutional Law, which is
attached to the Constitutional Court, must disseminate and promote the exercise of the
independence of each judge, by different means, such as the organization of forums and
academic events, and the publication of books or leaflets”; (iii) “the Judicial School should
incorporate a compulsory course on the theory and practice of judicial independence and
impartiality, in keeping with current legal doctrine and international human rights
standards,” and (iv) “the Council of the Judiciary should consider it a serious offense if any
agent of justice should seek to harm judicial independence.”
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