measures requested by the Commission and the representatives.
152. Regarding the requested satisfaction measures, the Court establishes that the
publication of the judgment and the official summary are appropriate measures, and therefore
additional requests in this regard are not granted.
D. Compensation
153. The Commission requested that the State "make full [r]eparation[s] for the human
rights violations declared in the Merits Report [,] including both pecuniary and non-pecuniary
aspects."
D.1. Pecuniary damage
154. The representative argued that the State must pay the victim "all the remunerations
and other benefits that, by law, [would] have corresponded to him from the date of his
dismissal [from the position] until the date of reinstatement to [a]ctive [s]ervice." To this
end, the respective calculation should be made "according to the length of service in each
police rank that the [alleged] victim should have had according to his year of graduation."
155. They added that the documentation provided in the process makes it possible to
establish "the salary that a police officer received from the year 2000 [...] until the present,
taking into account each of the ranks that would correspond to the [alleged] victim up to the
present time." In addition to the above, there are other items such as the thirteenth-month
salary, fourteenth-month salary, reserve funds, "police day that was in force until 2010" and
severance payment, "which is applicable to police officers who have completed 20 years of
service." Based on the above, it was requested that the State be ordered to pay material
damages of $471,891.00 (four hundred and seventy-one thousand eight hundred and ninetyone United States dollars), in compensation "for [twenty] years and three months of lost
wages," to Mr. Mina Cuero.
156. The State argued that the victim did not provide any evidentiary elements in the
proceedings to support the loss of income, or any detriment related to the facts of the case.
The State pointed out that according to information from the internal tax administration, Mr.
Mina Cuero engaged in economic activities from 2008 to 2017. It was pointed out that Mr.
Mina Cuero intends that Ecuador cover items destined for bonuses, promotions, and
compensations, among others, that "cannot be objectively evaluated [,] as it cannot [be]
proven [...] that [...] he would have been promoted or would have been eligible for the alleged
bonuses."
157. It also argued that, in the event that the Court considers any potential compensation
on this account, it could never exceed, for calculation purposes, "the rank actually held by
Mr. Mina Cuero, which is one of a National Police Officer."
158. This Court has established case law to the effect that pecuniary damages, which involve
the loss of or detriment to the victim’s income, the expenses incurred as a result of the facts,
and the monetary consequences that have a causal nexus with the facts of the case. 121
Similarly, case law has reiterated the compensatory nature of reparations, whose nature and
amount depend on the damage caused, and therefore, are not supposed to enrich or
Cf. Case of Bámaca Velásquez v. Guatemala. Reparations and Costs. Judgment of February 22, 2002. Series
C No. 91, para. 43, and Case of Deras García et al. v. Honduras, supra, para. 123.
121