However, the State argued that “the salaries received by Mr. Nissen Pessolani from
September 2021 to November 2022 were not taken into account” and that these
amounts should be deducted from the compensation awarded to Mr. Nissen Pessolani.
Therefore, it requested “that the sum of USD$ 243,000 recorded in favor of Mr. Nissen
Pessolani […], be rectified and set at USD$225,921.80.”
12. The representative argued that “any amount that the Court has ordered to be paid
to the victim as compensation, […] should be interpreted as an amount that the Court
itself considered fair, regardless of whether or not the number in question has arisen
from the strict application of some mathematical mechanism.” He added that the State
submitted “new evidence of recent salaries […] which had not been included in the file and
which […], since they did not exist in the case file, were not taken into account at the time
of the judgment.” He also argued that “the data provided by the State included in some
cases alleged ‘salaries’ overlapping in time, and in other cases payments received
simultaneously in different institutions, and even confused ‘salaries’ with professional fees,”
adding that “a consultant […] is not a public employee.” Therefore, he asked that “the
inconsistencies and duplications contained in [the] annexes also be taken into consideration
[…] and thus reverse the deduction of the amounts paid for professional fees for independent
consulting that should not be excluded from the compensation for pecuniary damage.”
13. The Commission observed that the State is seeking “that the Court recalculate the
amount of compensation awarded to the victim for pecuniary damage, based on information
that was not available to the Court when it issued the judgment in this case.”
Consequently, it “consider[ed] that it is up to the Court to analyze the validity of such
information and to decide accordingly.”
2. Considerations of the Court
14. Regarding the measure of compensation ordered in the judgment, which is the subject
of this request for interpretation by the State, the Court recalls that with respect to the
pecuniary damage it considered the following:
Throughout the international proceedings, the representative presented several
claims for compensation for pecuniary damage, including different ways of calculating
lost wages, with amounts ranging from USD$397,257 to USD$4,443,048. This Court
determined that the dismissal of Mr. Nissen Pessolani was arbitrary, for which reason
he is entitled to back wages. According to the representative and the evidence
presented by the State, Mr. Nissen Pessolani’s monthly salary as a prosecutor was,
at the time of his dismissal, 11,503,600 guaraníes (eleven million five hundred and
three thousand six hundred guaraníes). It was proven that that Mr. Pessolani was
dismissed on June 16, 2004. However, according to the victim’s wife’s statement
during the public hearing, after his dismissal “he worked in the Ministry of Public
Works, where he created an Internal Affairs Unit. Then he worked at ESSAP for a few
months and from there he was commissioned to an Anticorruption Secretariat and
today he works for SENATUR.” Likewise, the State, in its annexes to the Answer
submitted a report from the General Directorate of Legal Affairs of the Civil Service
Secretariat, which established the functions, categories, positions and remuneration
received by Mr. Nissen Pessolani in the public sector from 2003 to date. Thus, these
periods during which Mr. Nissen Pessolani was gainfully employed in the public sector
should be excluded for the calculation of the back pay. Therefore, only the periods
between his dismissal (June 16, 2004), and the date of issuance of this judgment will
be taken into account, discounting the amounts he has already received from the
State for work performed in the public sector. Thus, the payment of the sum of USD$
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