the full restitution of the reparation of the harm caused. However, due to the passage of time,
more than 19 years and 20 years, respectively, since Messrs. Cuya and Valenzuela and Mr. Díaz
and Ms. Rodríguez were not ratified in their positions, in the present case the Court will not order
their reinstatement as a measure of restitution.
195. Consequently, the Court considers it pertinent to order compensation, which will be
independent of the compensation it sets related to pecuniary and non-pecuniary damages. The
State must pay, within a period of one year, an indemnity for this concept, which is fixed in equity,
to the amount of USD 80,000.00 (eighty thousand United States dollars), which the State must
deliver to each of the following victims: Messrs. Cuya Lavy and Díaz Alvarado, and the sum of
USD 60,000.00 (sixty thousand United States dollars), which the State must deliver to each of the
following victims: Mr. Valenzuela Cerna and Ms. Rodríguez Alvarado, because both have been
enjoying a retirement pension since their removal from their positions, since September 2002 and
since July 2001, respectively.
B.2 Measures of satisfaction
196. The representatives of Messrs. Cuya Lavy and Valenzuela Cerna requested the State be
ordered to publish the judgment, and the representatives of Mr. Valenzuela also requested its
publication on an official website.
197.
The State indicated that, if a violation is declared, it does not object to the request for
publication of the Judgment in the Official Gazette and in another newspaper with wide national
circulation.
198.
The Commission did not rule on the representatives' request
199. The Court deems it pertinent to order, as it has done in other cases, 177 that the State,
within six months from the notification of this Judgment, in a legible and adequate font size, make
the following publications : a) the official summary of the Judgment prepared by the Court, once
only, in the Official Gazette and in a newspaper with wide national circulation, and b) this Judgment
in its entirety, available for at least a period of one year, on a State website in the Prosecution
Service of Justice and Human Rights, in a manner accessible to the public. The State must
immediately inform this Court once it proceeds to make each one of the publications ordered,
regardless of the period of one year to present its first report provided in the operative part of this
Judgment.
C. Non-repetition measures
200. The Commission requested that the State adopt the necessary non-repetition measures
to prevent similar events from occurring in the future and ensure the application of the rules of
due process within the framework of the evaluation and ratification processes of judges and
prosecutors, ordering the legislative and other measures necessary to ensure that the
aforementioned processes comply with the standards described in the Merits Report. In particular,
it considered that the State should make the necessary legislative and practical modifications to:
(i) Ensure that the evaluation and ratification processes of judges and prosecutors are subject to
legal review and do not constitute a vote of confidence; (ii) Duly regulate the offenses committed
that give rise to the non-ratification of a judge or prosecutor, based on objective criteria and in a
proportional manner; (iii) Allow judges and prosecutors to defend themselves against specific
charges against them in light of said objective criteria, such as recourse to appeal to a higher
authority within the framework of the process against them, so that they can rely on a review
177
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C No. 88,
para. 79, and Case of Garzón Guzmán v. Ecuador, supra, para. 121.
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