expenses, thirteenth month, bonuses and allowances.192
209. When establishing the compensation amount, the Court recalls that the victims exercised
judicial functions in the highest court of justice of Paraguay and article 261 of the Constitution
stipulated a mandatory retirement age of 75 years (supra para. 23). The Court also notes that
it has not been alleged that the victims received any type of compensation owing to their
removal from office, and there is no evidence to this effect.
210. Regarding the specific claims of the representatives, the Court indicates that the fact
that it is not feasible to reinstate Mr. Ríos Ávalos in office does not have an impact on the
compensation for pecuniary damage; not only because these are two different concepts, but
also because the precise purpose of the alternative compensation previously established is to
compensate the consequences of his non-reinstatement (supra para. 186).
211. The Court also considers that the diverse arguments of the parties concerning the
pension benefits of the two victims were imprecise, and their opposing positions in this regard
were not clearly explained. Nevertheless, the Court notes that, in Judgments Nos. 951 and
952, the Constitutional Chamber, when requiring that the two victims be reinstated in their
functions, ordered “notify […] the […] Finance Minister, for the budgetary effects and the
corresponding pension contributions,” in order to “regularize” their situation.193
212. Therefore, it is pertinent to order the State that, in compliance with the decisions of the
said Chamber, it proceed to regularize the pension regime of the two victims from the time of
their dismissal as justices of the Supreme Court, based on the salary and benefits regime that
would correspond to those functions over the years, until the date of death of Mr. Fernández
Gadea and, in the case of Mr. Ríos Ávalos, until the date of notification of this judgment. This
regularization must include the amount of the contributions that would have corresponded
both to the State and to each of the former justices over the said period, as well as the
estimate of any new pension benefits in the case of each victim. Then, Bonifacio Ríos Ávalos
and María Concepción Villalba Quevedo (who receives the pension corresponding to her
husband) must be informed of these amounts and estimates so that they may know the
amount of the respective contributions they would have to make and, if they find this
appropriate, so that each of them can make those contributions and, together with the State’s
contributions, a new calculation can be made of the pension benefits.194 The State must
proceed as indicated above, including with the deposit of its respective contributions, if
applicable, within one year of notification of this judgment.
213. It should be added that the State’s allegation concerning the exercise of “functions
incompatible with the exercise of judicial office,” will not be considered because it lacked
precise and well-founded arguments. Paraguay also asked that, in order to calculate the
amount due to loss of earnings, the Court apply the “equity standard” used by the Supreme
Court of Justice, which required the payment of a sum equivalent to twelve months salary for
the concept of unpaid wages. In the Court’s opinion, the application of this standard, given its
nature as a fixed and limited amount, does not respond to the reparatory nature of
Cf. Payroll of salaries and emoluments corresponding to the justices of the Supreme Court of Justice, issued
on July 15, 2019, by the General Directorate of Human Resources of the Supreme Court of Justice of the Republic of
Paraguay (evidence file, volume IV, annex XV.G to the pleadings and motions brief, folios 8891 to 8894).
193
Cf. Judgment No. 951 of December 30, 2009, delivered by the Constitutional Chamber of the Supreme Court
of Justice of the Republic of Paraguay, and Judgment No. 952 of December 30, 2009, delivered by the Constitutional
Chamber of the Supreme Court of Justice of the Republic of Paraguay (evidence file, volume I, annex 10 to the Merits
Report, folios 115, 116, 146 and 148).
194
Cf. Case of López Lone et al. v. Honduras. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of March 9, 2020.
192
50
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos