the former Constitutional Tribunal, so that there was no relationship of dependence with the Tribunal, and there is no contractual document that connects him permanently to it.”314 293. This note also certified the following earnings received by Mr. Jaramillo Córdova in 2003 and 2004: (i) US$4,200.35 for the period December 1 to 31, 2003; (ii) US$559.83 for the period January 13 to 16, 2004; (iii) US$4,419.34 for the period February 17 to March 19, 2004; (iv) US$414.48 for the period June 15 to 17, 2004; (v) US$ 4,144.48 for the period from July 1 to 30, 2004; (vi) US$1,567.15 for the period August 24 to 30, 2004; (vii) US$2,072.39 for the period October 4 to 18, 2004, and (viii) US$2,072.39 for the period November 1 to 15, 2004.315 294. From the notes of November 26, 2003, of the Constitutional Tribunal, and of July 6, 2012, and April 18, 2013, of the Constitutional Court, it can be understood that Mr. Jaramillo Córdova was indeed an alternate member, and did not receive the same salary as the titular members, because he received a proportional amount to the remuneration of the titular member during the days that he was a member of the chambers of the former Constitutional Tribunal in 2003 and 2004. 295. Moreover, with regard to the legal framework applicable to alternate judges, article 10 of the 1997 Law on Constitutional Control316 established that “[i]n cases of replacement owing to the definitive absence of a member of the Constitutional Tribunal, the alternate, once he had been sworn in, would remain in functions only for the period for which the titular member he was replacing had been elected or appointed.” Article 15 of this law indicated that “[t]he Constitutional Tribunal w[ould] elect the President for a period of two years, and he could be re-elected.” Article 16 stated that “[t]he Vice President of the Court w[ould] replace the President […] in case of temporary or permanent absence.” The Court underscores that Judge Ceballos Bueno had commenced his presidency in March 2003, so that, pursuant to article 15 of the Law on Constitutional Control, the President’s mandate would end in March 2005. Thus, March 2005 will be used as the last date when calculating the amount of the compensation for Mr. Jaramillo Córdova, as this was date on which it would not be necessary for him to continue exercising as alternate member for judge Cevallos Bueno. 296. Based on the above, the Court will calculate what Mr. Jaramillo would have failed to receive from November 2004, the date on which the members of the Constitutional Tribunal were terminated, to March 2005; in other words, five months. In this regard, the Court underlines that the State has proved that Mr. Jaramillo Córdova was paid for six days’ work in 2004, which is equivalent to three months’ work. On this basis, the Court considers that, if he worked approximately three months a year, very possibly in five months he would have worked the equivalent of one month. Thus, the Court observes from the evidence provided by the State (supra paras. 291 to 293), that, for a month of work, Mr. Jaramillo was paid the equivalent of US$4,200.00 (supra para. 293). Taking the above-mentioned factors into account, as well as the possible updating to the real value of this amount based on inflation and the consumer price index in the United States of America, the Court establishes, in equity, the sum of US$10,000.00 (ten thousand United States dollars) for Manuel Jaramillo Córdova for pecuniary damage. 314 1758). 315 1758). 316 Constitutional Court, Note No. 041/CC/DRH/2013 of April 18, 2013 (merits file, tome IV, folio 1754 to Constitutional Court, Note No. 041/CC/DRH/2013 of April 18, 2013 (merits file, tome IV, folios 1755 to Law on Constitutional Control of 1997 (merits file, tome IV, folios 1760 to 1771). 85

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