monetary consequences that have a causal nexus with the facts.129
128. The Court points to an expert witness report submitted by the representatives to
back their claim concerning payment of pecuniary damages for Mr. Aguinaga Aillón, with
an accounting analysis to determine the amount of lost earnings due to compensation
foregone by the victim from the time he was dismissed from his job on November 25,
2004, until his assigned term of office ended on January 14, 2007. The calculation was
based on several items, including salary payments, bonuses, vacation days not taken,
years of service and social benefits.130 The report set the material redress for income
that Mr. Aguinaga Aillón failed to receive over this period at USD 302,998.65 (three
hundred two thousand nine hundred ninety-eight United States dollars and sixty-five
cents). The Court notes that the State offered no specific views on the amount of lost
earnings calculated in the expert report submitted by the representatives.
129. The amount of overdue interest calculated in the expert report submitted by the
representatives brings the total to USD 481,148.63 (four hundred eighty-one thousand
one hundred forty-eight United States dollars and sixty-three cents). The Court would
note that the amount in overdue interest was calculated by the representatives as of the
time Mr. Aguinaga Aillón was removed from his position on the TSE by applying the Code
of Resolution of the Monetary Board, Book One Volume V. The Court holds that the
representatives have not demonstrated, in view of the provision cited above, how the
overdue interest payment should be calculated for the failure to disburse salary and
other payments when Mr. Aguinaga Aillón was dismissed from his position as a member
of the TSE.
130.
The Court therefore finds it reasonable to order the State to pay an indemnity of
USD 302,998.65 (three hundred two thousand, nine hundred ninety-eight United States
dollars and sixty-five cents) to Mr. Aguinaga Aillón for lost earnings for the compensation
he failed to receive when he was removed from his position on November 25, 2004, until
the date his term of office would have expired, January 14, 2007. The Court cautions
that the case file does not show that Mr. Aguinaga Aillón held any other job in the public
sector after he was dismissed from the TSE, nor that the State has claimed otherwise,
and therefore the State must pay this amount fully.131 This amount should be paid within
one year of the date of notification of this judgment, in the terms set forth under
operative paragraph eight.
E(2). Nonpecuniary damages
131. The Commission requested full redress for the human rights violations declared
in the Report on the Merits, including necessary measures of indemnification and
satisfaction for the pecuniary and nonpecuniary damage experienced by Mr. Aguinaga
Aillón.
132. The representatives asked the Court to recognize pecuniary recompense for the
damage to Mr. Aguinaga Aillón’s life plans when his professional development and his
role as a public personage were interrupted as a result of his arbitrary removal from his
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002.
Series C No. 91, para. 43, and Case of Nissen Pessolani v. Paraguay, supra, para. 126.
129
130
Cf. Expert accounting report by Carla Renata Martínez Yerovi, August 12, 2021 (evidence file, folios
2043 to 2054).
131
Cf. Mutatis mutandi, Nissen Pessolani, para. 127.
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