54
*
*
*
146. The Court has found that this case occurred in the context of a situation of
legal uncertainty promoted by laws that limited access to justice in relation to the
evaluation procedure and eventual dismissal of the alleged victims, so that they did
not have certainty about the proceedings they could or should resort to in order to
claim the rights they considered had been violated. Consequently, without needing to
determine the nature of the dismissals that have been verified, the Court found that
the existing domestic recourses were ineffective, both individually and collectively, to
provide an adequate and effective guarantee of the right of access to justice, and
therefore declared the State responsible for the violation of Articles 8(1) and 25 of
the American Convention, in relation to Articles 1(1) and 2 thereof (supra paras. 129
and 132).
147. International case law has established repeatedly that the judgment
constitutes per se a form of reparation.84
148. Nevertheless, in this case the Court considers that a reparation consequent
with the violations it has declared is to decide that the State should guarantee the
injured parties the enjoyment of their violated rights and freedoms through effective
access to a simple, prompt and effective recourse. To this end, it should establish, as
soon as possible, an independent and impartial body with powers to decide, in a
binding and final manner, whether or not the said persons were dismissed in a
justified and regular manner from the Congress of the Republic, and to establish the
respective legal consequences, including, if applicable, the relevant compensation
based on the specific circumstances of each individual.
149. The Court also decides that the State should establish a specific mechanism
to provide the victims with competent legal advisory services, free of charge, for the
procedure related to the provisions of the preceding paragraph.
*
*
*
150. Moreover, in this case, the Court finds it necessary to establish compensation
for the non-pecuniary damage suffered owing to the violations declared, and caused
by the lack of protection arising from the absence of mechanisms and procedures to
deal with facts such as those of the instant case. Since they did not have effective
access to judicial guarantees and judicial protection for the competent authorities to
take the pertinent decisions, the victims found themselves in a situation of
defenselessness and uncertainty with regard to their future employment, which led
them to seek justice and may have make it difficult for them to improve their living
conditions.
151. Bearing in mind the different aspect of the non-pecuniary damage caused, the
Court establishes, based on the equity principle, the sum of US$15,000 (fifteen
thousand United States dollars) or the equivalent in Peruvian currency, that the
84
Cf. Case of Vargas Areco, supra note 79, para. 150; Case of Almonacid Arellano et al. , supra
note 3, para. 161, and Case of Goiburú et al., supra note 8, para. 160.
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