judicial protection (supra paras. 55 to 109). It cautions that the guarantee of tenure or
stability in the position and to labor stability would entail reinstatement to the position
from which he had been arbitrarily removed. However, when the 2008 Constitution was
enacted, the tasks of the TSE were distributed between the National Electoral Council
and the Electoral Administrative Tribunal.126 The Court finds that, with the introduction
of these changes in the constitutional design of the state, it has now become impossible
to reinstate Mr. Aguinaga Aillón to his position as a member of the TSE, or any
comparable position of similar compensation and qualifications.
119. The Court recalls from its case law,127 however, that when it is impossible to
reinstate judges removed from their positions arbitrarily, they are granted compensatory
damages because they are unable to resume their judicial duties. The Court therefore
will order compensation, aside from any pecuniary and nonpecuniary damages it may
address. It orders compensation to the victim of USD$ 60,000.00 (sixty thousand United
States dollars). The amount should be paid within one year of the date of notification of
this judgment.
C. Measures of satisfaction
120. The representatives asked for the State to be ordered to publish the official
summary of this judgment in a widely circulated national newspaper, using legible type,
and for the full judgment to be posted on the official websites of the Constitutional Court,
the National Assembly, the National Electoral Council and the National Court of Justice.
The State argued that the measures of satisfaction requested by the representatives
were inappropriate because the instant case did not show violation of international
standards that would incur international State responsibility. The Commission made no
specific requests on this point.
121. The Court orders, as it has in other cases,128 that the State must publish the following
material within six months of the date of notification of judgment, using suitable, legible
typeface: (a) the official summary of the instant judgment to be prepared by the Court, one
time only, in the Official Gazette; (b) the official summary of the instant judgment to be
prepared by the Court, one time only, in a widely circulated national media outlet, using
suitable, legible typeface, and (c) the instant judgment in its entirety, available for one full
year on the official websites of the Constitutional Court, the National Assembly, the National
Electoral Council and the National Court of Justice. The State must report to this Court as
soon as it has proceeded with each of the publications ordered, without awaiting the oneyear term to submit its first report as stipulated in operative paragraph nine of the instant
judgment.
D. Other measures requested
122. The representatives asked for the State of Ecuador to hold a public event
recognizing its international responsibility in a full session of the legislature. They also
asked the Court, as a guarantee of nonrepetition, to order training programs on judicial
126
Cf. Constitution of the Republic of Ecuador, October 20, 2008, Article 217 (evidence file, folio 2489).
Cf. Case of Apitz Barbera et al. (“First Court of Administrative Disputes”) v. Venezuela. Preliminary
Objection, Merits, Reparations and Costs. Judgment of August 5, 2008. Series C No. 182, para. 246, and Case
of Nissen Pessolani v. Paraguay, supra, para. 113.
127
128
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series
C No. 88, para. 79, and Case of Nissen Pessolani v. Paraguay, supra, para. 115.
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