violated and to make reparation for the consequences of the violations.289 Consequently, the
Court has considered the need to grant different types of reparatory measures in order to
redress the harm integrally; thus, in addition to pecuniary compensation, measures of
restitution and satisfaction, and guarantees of non-repetition have particular relevance to
the harm caused.290
245. This Court has established that reparations must have a causal nexus with the case,
the violations that have been declared, the harm proved, and also the measures requested
to make reparation for the respective harm. Therefore, the Court must take these factors
into account in order to rule appropriately and according to law.291
246. Based on the considerations on the merits and the violations of the American
Convention that have been declared in the preceding chapter, the Court will now examine
the arguments and recommendations presented by the Commission and the claims of the
representatives, and also the arguments of the State, in light of the criteria established in
the Court’s case law concerning the nature and scope of the obligation to make
reparation,292 in order to establish measures designed to redress the harm caused to the
victims.
A.
Injured party
247. The Court reiterates that it considers injured party, in the terms of Article 63(1) of
the American Convention, to be anyone who has been declared a victim of the violation of a
right recognized therein. Hence, this Court considers that Miguel Camba Campos, Freddy
Oswaldo Mauricio Cevallos Bueno, Pablo Enrique Herrería Bonnet, Manuel Stalin Jaramillo
Córdova, Jaime Manuel Nogales Izureta, Luis Vicente Rojas Bajaña, Mauro Leonidas Terán
Cevallos and Simón Bolívar Zabala Guzmán are the “injured party” and, as such, they will
be considered the beneficiaries of the reparations ordered by the Court.
248. The State asked that Mr. Jaramillo Córdova not be considered an injured party,
“because he was an alternate judge; in other words, […] he served as a judge only when
the titular judge was absent, and therefore the State would considering the position of [Mr.]
Jaramillo Córdova, with regard to both pecuniary and non-pecuniary reparations, in a
different way, regardless of whether the said alternate occupied the position of a judge.”
249. The Court observes that Mr. Jaramillo was in a similar situation to the other victims
as regards the violations declared in this Judgment. Indeed, he was a victim of arbitrary
removal and of impeachment proceedings for reasons that constituted an infringement of
judicial independence (supra para. 222). Therefore, Mr. Jaramillo Córdova must be
recognized as an injured party. Nevertheless, the State’s arguments will be taken into
account when determining the scope of the pecuniary damage in this case (infra paras. 281
and 289 to 296).
289
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 26, and Case of Mendoza et al.
v. Argentina, para. 307.
290
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, para. 25, and Case of Mendoza et al.
v. Argentina, para. 307.
291
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations and costs. Judgment of November 27, 2008.
Series C No. 191, para. 110, and Case of Mendoza et al. v. Argentina, para. 306.
292
Cf. Case of Velásquez Rodríguez v. Honduras. Reparations and costs, paras. 25 to 27, and Case of Suárez
Peralta v. Ecuador, para. 161.
74