250. The Court will determine measures to make reparation for the non-pecuniary
damage that are not of a monetary nature, and will establish measures of public scope and
repercussion.293 International case law and, in particular, that of the Court, has established
repeatedly that the judgment constitutes per se a form of reparation.294 Nevertheless,
considering the circumstances of the case sub judice, based on the harm to the victims, as
well as the consequences of a non-material and non-pecuniary nature resulting from the
violation of the Convention declared to their detriment, the Court finds it pertinent to
establish measures of satisfaction and restitution, and guarantees of non-repetition.
B.
Measures of satisfaction and restitution, and guarantees of non-repetition
1.
Measures of satisfaction: publication of the Judgment
Arguments of the Commission and of the parties
251. The Commission asked the Court to order the State “[t]o acknowledge publicly,
ensuring adequate dissemination mechanisms, the violations declared in this case; in
particular, the violation of judicial independence.”
252. The representatives indicated that the State must “acknowledge publicly its
international responsibility by publishing the main paragraphs of the judgment on merits
handed down in the main national media with the most widespread local circulation. That is,
in […] Guayaquil [and in] Quito.” They also asked that “the judgment be published in the
official gazette. Lastly, “the entire judgment must be available on the official websites of the
Judiciary, the Attorney General’s office, and the Constitutional Court”.
253. The State indicated that “should the Court find against it, […] as a measure of
satisfaction, it will publish the judgment in a national newspaper, and also in the official
gazette,” and that the Judgment “will also be made available on the websites of the
Attorney General’s office, the Constitutional Court, and the Ministry of Justice, Human
Rights and Worship.”
Considerations of the Court
254. The Court orders the State to publish, within six months of notification of this
Judgment: (a) the official summary of the Judgment prepared by the Court, once, in the
official gazette of Ecuador; (b) the official summary of this Judgment prepared by the Court,
once, in a national newspaper with widespread circulation, and (c) this Judgment in its
entirety, available for one year, on an official website of the Judiciary.
2.
Measures of restitution
Arguments of the Commission and of the parties
255. The Commission requested that the State “[r]einstate the victims in the Judiciary, in
positions similar to those they held, with the same remuneration, social benefits, and rank
293
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment
of May 26, 2001. Series C No. 77, para. 84, and Case of Artavia Murillo et al. ("In vitro fertilization") v. Costa Rica.
Preliminary objections, merits, reparations and costs. Judgment of November 28, 2012. Series C No. 257, para.
323.
294
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of Mendoza et al. v. Argentina, para. 355.
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