109
203. As a consequence of the indicated violations of the rights enshrined in the
Convention, the Court must provide that the enjoyment of such rights or freedoms
as may have been violated be guaranteed to those affected.75 Although some
workers would have been reinstated, no proof has been provided to this Court as to
exactly how many were so reinstated, or whether they were reinstated in the same
positions they had before the dismissal, or in positions of the same level and
remuneration. The opinion of this Tribunal is that the State is obliged to reinstate
the surviving victims in their positions unless this is not possible, in which event it
must provide to them employment alternatives in respect of the conditions, salaries
and other remuneration that they had at the time they were dismissed. If, likewise,
the latter is not possible, the State must proceed to pay such indemnification as shall
be appropriate to the circumstance of termination of employment pursuant to the
internal labour law. In the same manner, the State must provide to the successors
or assigns of victims who may have passed away such pension o retirement
retributions as may be appropriate. Such obligation on the part of the State shall be
maintained until it is fully complied with.
204. The Court feels that the reparation for violations of human rights that
occurred in the instant case must also include fair indemnification, and the
reimbursement of costs and expenses incurred by the victims or their beneficiaries
because of the requirements for the processing of the case judicially before both, the
internal and the international jurisdiction.
205. This Court has stated, concerning material damages on the assumption of
surviving victims, that the calculation of indemnification must take into accout,
among other factors, the time that the latter remained idle. The Court feels that
such criterion is applicable in the instant case,76 to which effect it provides that the
State must pay such amounts as shall be appropriate to cover unpaid salaries
pending and any other amounts in respect of labour rights according to its
legislation, to which dismissed workers are entitled, or to which, in the event of
death of the latter, their beneficiaries are entitled. The State must proceed to
establish, according to the pertinent national procedures, the corresponding
indemnification in order that the victims or their beneficiaries, as the case may be,
receive such indemnification within a maximum term of 12 months.
206. Pursuant to a constant international jurisprudence, the Court feels that the
handing down of a judgment whereby the claims of the victims shall be sustained is,
in itself, a form of satisfaction.77 However, this Court feels that, because of the
suffering inflicted upon the victims and their beneficiaries, the victims having been
dismissed in the conditions under which the dismissal was effected, the moral
damages caused must, additionally, be repaired in a substitutive manner, by means
75
76
77
cfr. Case of the Constitutional Court, supra note 7, para. 120.
cfr. Case of the Constitutional Court, supra note 7, para. 121.
cfr.
Case of the Constitutional Court, supra note 7, para. 122.
Suárez-Rosero Case.
Reparations, supra note 73, para. 72; Castillo-Páez Case. Reparations (Art. 63.1, American Convention
on Human Rights). Judgment of November 27, 1998. Series C N° 43, para. 84; Neira-Alegría et al. Case.
Reparations (Art. 63.1, American Convention on Human Rights). Judgment of September 19, 1996.
Series C N° 29, para. 56; El Amparo Case. Reparations (Art. 63.1, American Convention on Human
Rights).
Judgment of September 14, 1996.
Series C N° 28, para. 62;
Godínez-Cruz Case.
Compensatory damages (Art. 63.1 of the American Convention on Human Rights). Judgment of July 21,
1989. Series C. N° 8; para. 34; and Velásquez-Rodríguez Case. Compensatory damages (Art. 63.1 of the
American Convention on Human Rights). Judgment of July 21, 1989. Series C N° 7, para. 36.
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