highly significant to them, as well as other sufferings that cannot be assessed in financial
terms."143
127. Throughout the international proceedings, the representative presented several
claims for compensation for pecuniary damages, including different ways of calculating
lost wages, with amounts ranging from USD$397,257 to USD$4,443,048. This Court
determined that the dismissal of Mr. Nissen Pessolani was arbitrary, for which he is
entitled to back wages. According to the representative and the evidence presented by
the State, Mr. Nissen Pessolani's monthly salary as a prosecutor was, at the time of his
dismissal, 11,503,600 guaraníes (eleven million five hundred and three thousand six
hundred guaraníes).144 It was proven that Mr. Pessolani was dismissed on June 16, 2004.
However, according to the victim's wife's statement during the public hearing, after his
dismissal "he worked at the Ministry of Public Works, where he created an Internal Affairs
Unit. Then he worked at ESSAP for a few months and from there he was commissioned
to an Anticorruption Secretariat and today he works for SENATUR." Likewise, the State,
in its annexes to the Answer, submitted a report from the General Directorate of Legal
Affairs of the Civil Service Secretariat, which established the functions, categories,
positions and remuneration received by Mr. Nissen Pessolani in the public sector from
2003 to date. Thus, these periods during which Mr. Nissen Pessolani was gainfully
employed in the public sector should be excluded for the calculation of the back pay.
Therefore, only the periods between his dismissal (June 16, 2004) and the date of
issuance of this Judgment will be taken into account, discounting the amounts he has
already received from the State for work performed in the Public Sector.145 Thus, the
payment of the sum of USD$ 243,000.00 (two hundred and forty-three thousand United
States dollars) is ordered for pecuniary damages.
E.2. Damage to the life project
128. Regarding the amounts requested for damages to the life project, this Court
emphasizes that the arguments justifying the payment of this item were presented for
the first time in the final arguments brief, and are therefore untimely.
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and Costs.
Judgment of May 26, 2001. Series C No. 77, para. 84, and Case of Mina Cuero v. Ecuador, supra, para. 163.
143
144
According to the allegations of the representative and the documents presented by the State itself, Mr.
Nissen Pessolani received a monthly salary of 7,878,600 guaraníes and 3,625,000 guaraníes per month in
representation expenses. (Cf. Report DGAJ No. 114/2021 of the General Directorate of Legal Affairs, dated
September 20, 2021, case file of evidence, folios 4159 to 4169).
According to the DGAJ Report No. 114/2021 of the General Directorate of Legal Affairs, dated September
20, 2021 (case file of evidence, folios 4159 to 4169), Mr. Pessolani has received the following amounts for
salaries or compensations in the public sector:
145
- Ministry of Public Works and Communications: 164,851,200 guaraníes during 2008, 2010, 2011 and
2012.
- Presidency of the Republic: 81,644,920 guaraníes for the years 2019 to 2021.
- Ministry of Public Works and Communications: 296,792,400 guaraníes for the years 2010 to 2011.
- ESSAP: 60,011,024 guaranies corresponding to the years 2012 to 2103.
- National Secretariat of Tourism: 236,770,268 guaraníes corresponding to the years 2019 to 2021.
For a total of 840.069.812 guaraníes. Thus, if we subtract these amounts paid by the State from Mr. Nissen
Pessolani's claim for payment of back wages (for 2,582,170,600 guaraníes), we are left with the sum of
1,742,100,788 guaraníes, which would correspond to USD 243,000.00 (two hundred and forty-three thousand
United States dollars).
37