removed from office.” It added that, “[i]f, for well-founded reasons, it is not possible to
reinstate him, [the State should] pay him alternative compensation.” In the case of Carlos
Fernández Gadea, the IACHR notes that, as he was deceased, it was necessary to provide
“alternative compensation in his favor.”
184. The representatives asked the Court to “order the reinstatement […] in office” of Mr.
Ríos Ávalos, “in the first vacancy that exists or arises, with the same remuneration, social
benefits, and equivalent rank to which he would have been entitled […] if he had not been
removed from office […]; unpaid wages from 2004 to date, […] and budgetary provision for
the corresponding retirement contribution.” They added that, “[i]f, for well-founded reasons,
the State proves that his reinstatement is not possible […], it must pay alternative
compensation, and also unpaid wages until he reaches 75 years of age,” which is the age at
which justices of the Supreme Court must retire according to article 261 of the Paraguayan
Constitution. In the case of Mr. Fernández Gadea, they asked for “payment of the alternative
compensation that the Court considers fair,” and requested that the Court order the payment
of “unpaid wages up until the date of his death.”
185. The State argued that, at this time, there were no vacancies on the Supreme Court of
Justice. It added that the court had indicated that restitution, in the sense requested, was
impossible as regards reinstatement in the high courts.
186. This Court notes that, at this time, there are no vacancies on the Supreme Court of
Justice of Paraguay, and that no information was provided on the specific time at which such
vacancies would arise. This situation, added to the time that has elapsed since the facts of
this case occurred and the particularities of the function of the justices of the Supreme Court
means that it is impossible to grant the representatives’ request. Therefore, since it is not
viable to order the reinstatement of Mr. Ríos Ávalos, the State must pay him an alternative
compensation which the Court establishes, in equity, at US$80,000.00 (eighty thousand
United States dollars). This sum must be paid within one year of notification of this judgment.
187. With regard to Carlos Fernández Gadea, the Court considers that it is not appropriate to
rule on the request for restitution owing to his decease before this judgment was delivered,
which makes this measure of reparation impossible.
188. It should be added that the representatives mentioned other concepts, such as the
payment of unpaid wages, which relates to another type of measure of reparation – specifically
to eventual pecuniary damage – and this will be examined opportunely.
C. Measures of satisfaction
189. The representatives asked the Court to order the publication of this judgment, “for one
year, on the official websites of the National Congress, the Presidency of the Republic, and the
Judiciary, and in the Official Gazette.” The State argued that the publication of the judgment
constituted a measure that was “sufficient to redress the alleged violations.” The Commission
did not comment in this regard.
190. The Court, based on the arguments of the parties and as it has in other cases, 187
establishes that the State must publish the following within six months of notification of this
judgment, in an adequate and legible font and in Paraguay’s official languages: (a) the official
summary of this judgment prepared by the Court, once, in the Official Gazette, and (b) this
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No.
88, para. 79, and Case of Grijalva Bueno v. Ecuador, supra, para. 177.
187
46
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