restitution measure, b) the representative's request for interpretation regarding the
amount set as compensation for pecuniary damage for lost income, c) the State's request
for interpretation regarding the legal modifications ordered as a guarantee of nonrepetition, and d) the State's request for interpretation regarding the reimbursement of
expenditures in the compliance monitoring stage of the judgment.
A. The representative's request for interpretation regarding the
restitution measure
A.1. Arguments of the parties and of the Commission
13. The representative requested clarification of paragraph 132 of the judgment,
which states that “it [was] not viable in this case to order the victim’s reinstatement as
requested.” She noted that, while the judgment recognized the right to job stability in
paragraphs 104 to 109, it also indicated that the victim's reinstatement was not possible
because the position from which he had been dismissed was now occupied. In this
regard, she stated that the following needed to be clarified: “[t]he right to job stability
not necessarily in the same position, but in another available one [...] of the same nature
and function.” She stated that by now there would be one, because with the
implementation of the new Code of Criminal Procedure in the Peruvian capital, the State
has announced several job openings of the same nature as the position the victim had
held.
14. She argued that the State misled the Court when it asserted that there were no
openings of the same nature as the one the victim had held. With the restructuring of
the three prosecutor's offices in Huamanga province and their transformation into one
joint provincial prosecutor's office, said position would remain. She noted that in
November of 2020, there was a job announcement for Provisional Deputy Provincial
Prosecutor for the First Joint Provincial Criminal Prosecutor's Office of Huamanga. She
added that the second issue requiring clarification was that the victim’s request for
reinstatement included “all the legal prerogatives to which he was entitled as of [the
date],” so the “provincial prosecutor's office would be suitable [for the position of]
provisional senior deputy prosecutor.” However, the Peruvian state failed to report that
it does in fact have job openings of that type.
15. The State asserted that the representative’s arguments had already been
evaluated by the Court in the judgment. It noted that the request goes beyond doubts
about the meaning or scope of paragraph 132 and instead is intended to challenge the
merits of the case, with the eventual effect of changing an operative paragraph of the
judgment. It asked that the representative’s request be rejected.
16. The Commission noted the importance of the Court assessing the representative’s
request “in light of” applicable law and of the standards developed in its case law
regarding the interpretation of its judgments.
A.1. Considerations of the Court
17. Regarding the restitution measure ordered in the judgment, this Court recalls that
paragraph 132 of the judgment declared the following:
With regard to the State’s arguments, the Court notes that, by a resolution of the National Council
of the Judiciary of February 9, 2005, an official was appointed to assume, as the incumbent, the
post occupied by Mr. Casa Nina at the time his designation ended. This situation reveals that, in this
specific case, it is not viable to order the victim’s reinstatement as requested.
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