the Convention are effective.303 In other words, States not only have the positive obligation
to adopt the necessary legislative measures to ensure the exercise of the rights recognized
in the Convention, but they must also avoid enacting laws that prevent the free exercise of
these rights, and eliminating or amending laws that protect them.304 As the Court has
indicated previously (supra para. 227), Article 2 of the American Convention has not been
violated in this case.
276. In the instant case, the main issue – and the one on which the Court has focused – is
the examination of the alleged human rights violations resulting from the decisions taken by
the National Congress on November 25, 2004, and December 8, 2004. The Court did not
analyze the compatibility of a specific law with the American Convention, because that was
not the purpose of this case. Furthermore, the representatives did not provide sufficient
evidence to allow the Court to infer that the violations arose from a specific problem in the
text of the laws, so that it is not possible to order the amendment of laws that are not
directly related to the violations declared in this case. Consequently, in the circumstances of
this case, it is not pertinent to order the adoption, amendment or adaptation of specific
provisions of domestic law.
C.
Compensation for pecuniary and non-pecuniary damage
1.
Pecuniary damage
Arguments of the Commission and the parties
277. The Commission asked the Court to order the State “[t]o pay the victims the
salaries, pensions, and employment and/or social benefits that they failed to receive from
the time they were terminated until the date on which their mandate would have ended.”
278. The representatives asked that the Court order the State to pay “monetary
compensation for damage related to the amount of the remuneration that the judges failed
to receive […] during the time that remained until the end of their legal and constitutional
term.” They indicated that the calculation should be made “based on the remuneration
(salary plus social benefits) that the [judges] failed to receive owing to their dismissal.”
They requested that the amount should not be less than the “result of multiplying the
number of months that remained of their term (27 months) by their average monthly
remuneration during the year in which they were dismissed (2004).” They calculated the
pecuniary damage for judges Miguel Camba Campos, 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 as US$219,112.70 and for
Freddy Oswaldo Mauricio Cevallos Bueno as US$220,089.83. The representatives indicated
that “the amounts contributed by both parties should be considered an acceptance by the
State of the amounts corresponding to loss of earnings for the months remaining of the
term of office of the former” judges. They also asked that “interest should be calculated
from the time of their dismissal until effective compliance with the judgment.”
279. Regarding Manuel Jaramillo Córdova, the representatives indicated that “he was the
alternate member for Oswaldo Cevallos, President of the Constitutional Tribunal,” and that
“[u]nder the internal regulations of the Constitutional Tribunal in force at the time, since the
303
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998.
Series C No. 39, para. 68, and Case of Mendoza et al. v. Argentina, para. 323.
304
Cf. Case of Castillo Petruzzi et al. v. Peru. Merits, reparations and costs. Judgment of May 30, 1999.
Series C No. 52, para. 207, and Case of Mendoza et al. v. Argentina, para. 323.
80