49
for the pecuniary damage suffered. Consequently, it requested the
Court to establish, based on the principle of equity, the amount of the
compensation corresponding to indirect damage and loss of earnings,
without detriment to the claims that the common intervenors would
submit at the opportune procedural moment.
(c)
It is important to recognize the non-pecuniary damage caused to the
alleged victims, who were the object of sudden dismissal – which was
a cause of anguish, bearing in mind that their employment was the
principal source of income for the families of most of the alleged
victims – and who were unable to contest these decisions before any
competent body. Hence, the State should adopt the necessary
measures to ensure that the alleged victims receive adequate and
opportune reparation for the non-pecuniary damage suffered;
(d)
Regarding other forms of reparation, in this case integral reparation is
necessary; consequently, it asked the Court to order the State to:
i.
ii.
iii.
iv.
(e)
Guarantee the 257 dismissed congressional employees access
to a simple, prompt and effective judicial recourse so that their
claims in relation to their dismissal by the Commission to
Administer the Patrimony of the Congress of the Republic are
reviewed;
Guarantee the 257 dismissed congressional employees that this
recourse will enjoy the corresponding judicial guarantees and
lead to a ruling on the merits of the claims presented by the
employees in the domestic sphere;
Modify article 9 of Decree Law No. 25,640 and article 27 of
Resolution No. 1239-A-92-CACL, to harmonize them with the
American Convention, and
Adopt the legal, administrative and any other measures
necessary to avoid similar facts occurring in future, in
compliance with the obligations of prevention and guarantee of
the fundamental rights recognized by the American Convention,
and
Regarding costs and expenses, it stated that, when it had heard the
common intervenors, the Court should order the State to pay the costs
and expenses duly authenticated by them, bearing in mind the special
characteristics of the case in its processing before both the interAmerican system and at the national level.
The common intervenors’ arguments
138.
The common intervenors alleged, inter alia, that:
(a)
The beneficiaries are the dismissed employees mentioned by the
Commission. Nevertheless, it should be taken into account that the list
includes six persons who are now deceased, so that the reparations
corresponding to them should be allocated to their legitimate
successors;
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