131. It is worth mention that the representative requested by way of one of the
various briefs that reparation be provided to the next of kin of Mr. Mejía Idrovo for
“their moral suffering upon being subjected to a criminal trial for supporting José
Mejía’s battle” and […] demanding compliance of the judgment from the body that
oversees constitutional control, as well as the suffering that stemmed from the
noncompliance of the judgment to the detriment of his family. Nevertheless, the
Court has established that the alleged victims must be noted in the application and in
the report of the Commission, pursuant to Article 50 of the Convention. Moreover,
pursuant to Article 33(1) of the Rules of Procedure, it corresponds to the Commission
and not the Court, to identify the alleged victims with precision and at the opportune
104
As such, being that the next of
procedural moment in the case before the Court.
kin of Mr. Mejía Idrovo were not indicated as victims, the Court cannot deem them to
be injured parties in this case.
B. Comprehensive
satisfaction
measures
of
reparation:
restitution
and
132. The Tribunal will determine other measures that seek to repair the nonpecuniary damage that do not have a pecuniary nature, and will provide for
105
measures that extends to public reach or repercussion.
133. The Court takes into account that during the public hearing Mr. Mejía Idrovo
stated that:
[T]he situation was outrageous for the reason that, for us who have chosen this
profession, a military career, it is of mystics, ideals and objectives; it is a life plan which
we draw from as any other profession, and having made great efforts, demonstrating all
my abilities [...] this has produced an imbalance in me, including problems with the
family that to date we have not overcome; I have felt almost helpless; my health has
suffered terribly, [... ] and all this has prompted me because unfortunately there has
been no willingness on the behalf of the authorities to head to the domestic ruling, and
unfortunately, even I, as a victim, had asked and pleaded with the authorities that the
case be resolved domestically so that the image of the State of Ecuador, my country, is
not seen negatively in an international judgment, but to date, all I get is the contempt
and noncompliance of the judgments that were in my favor.
134. The international jurisprudence, and particularly the jurisprudence of the
Court, has established repeatedly that a judgment can constitute a per se form of
106
Notwithstanding, considering the circumstances of the case sub judice,
reparation.
the suffering caused to Mr. Mejía Idrovo, due to the alterations to his condition and
life plan, expectations regarding his professional development, and the other
consequences of a non-pecuniary nature suffered as a consequence of the violations
104
Cf. Case of the Ituango Massacres V. Colombia. Preliminary Objections, Merits, Reparations and
Costs. Judgment of 1 of julio of 2006. Series C No. 148, para 98; Case of Gomes Lund et al. V. Brazil,
supra note 9, para. 78, and Case of Vera Vera et al. V. Ecuador, supra note 12, para. 28.
105
Cf. Case of the “Street Children” (Villagrán Morales et al) V. Guatemala. Reparations and Costs, supra
note 99, para. 84; Case of of Salvador Chiriboga V. Ecuador. Reparations and Costs, supra note 98, para.
125, and Case of Vera Vera et al. V. Ecuador, supra note 12, para. 106.
106
Cf. Case of Neira Alegría et to V. Perú. Reparations and Costs, Judgment of September 19, 1996.
Series C No. 29, para. 56; Case of Abrill Alosilla et al. V. Perú, supra note 19, para. 132, and Case of Vera
Vera et al. V. Ecuador, supra note 12, para. 135.
40
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