different measures of reparation in order to provide comprehensive redress for the harm;
thus, in addition to pecuniary compensation, the measures of restitution, rehabilitation
and satisfaction, as well as guarantees of non-repetition, are particularly relevant to the
harm caused.123
112. This Court has established that reparations must have a causal nexus with the
facts of the case, the declared violations, the proven damage, as well as the measures
requested to repair the damage. Therefore, the Court must observe such congruence in
order to adjudge and declare according to law.124
113. In view of the violations of the American Convention declared in the preceding
chapter, and in light of the standards established in the Court’s case law on the nature
and scope of the obligation to redress,125 the Court will examine the claims submitted
by the Commission and the representatives, as well as the State’s arguments, and in
the following paragraphs order measures of reparation for these violations.
A. Injured party
114. The Court, under the terms of article 63(1) of the Convention, holds as an injured
party anyone who has been declared the victim of violation of a right recognized therein.
The Court therefore holds Carlos Julio Aguinaga Aillón as an “injured party” and a victim
of the violations declared in chapter VII of this judgment, and he will be the beneficiary
of reparations ordered by this Court.
B. Measures of restitution
115. The Commission held that the State should “[r]einstate Carlos Julio Aguinaga
Aillón to a position similar to that previously held, with the same remuneration, social
benefits and rank comparable to those he would be entitled to today had he not been
removed, for the period of time remaining to his mandate.” It also said that if for wellfounded reasons reinstatement was not possible, the State should “pay alternative
compensation.”
116. The representatives said that the institution from which Mr. Aguinaga Aillón had
been dismissed ceased to exist with the enactment of the 2008 Constitution, and
therefore, reinstatement to his position as a member of the TSE would not be a valid
option. They asked for monetary damages instead.
117. The State argued in its final written pleadings that “there was no violation of
international standards for which State responsibility had been incurred,” and therefore,
there were no grounds for granting the measure requested by Mr. Aguinaga.
118. The Court ruled in the instant case that Mr. Aguinaga Aillón had been dismissed
as the result of a decision that violated the right to judicial guarantees, judicial
independence, the right to participate in government, the right to work, and the right to
Cf. Case of the Las Dos Erres Massacre v. Guatemala. Preliminary Objection, Merits, Reparations and
Costs. Judgment of November 24, 2009. Series C No. 211, para. 226, and Case of Nissen Pessolani v. Paraguay,
supra, para. 106.
123
Cf. Case of Ticona Estrada v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Nissen Pessolani v. Paraguay, supra, para. 107.
124
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and Costs, supra, paras. 25 to 27, Case of
Deras García et al. v. Honduras, supra, para. 94, and Case of Nissen Pessolani v. Paraguay, supra, para. 108.
125
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