benefits applicable to first instance criminal judges. Additionally, the severance
payment she received contained material errors, such as the date of her entry into
the Judiciary and the date on which she was removed from her post.” Accordingly,
the representatives asked that the State be ordered “to calculate and pay all the
back pay and other work-related benefits that [Mrs. Chocrón Chocrón] stopped
receiving, taking into account all the raises, bonuses and other benefits received by
first instance criminal judges.” Therefore, they “requested that the corresponding
calculation include both interest on arrears and currency exchange correction
(indexation), owing to the significant loss of value that the Venezuelan currency has
suffered.”
180. The State “ask[ed] the Court […] that, if it found it appropriate to grant
compensation for pecuniary damage, it take into consideration” that on May 27,
2002, “the Judiciary’s Executive Directorate paid [Mrs. Chocrón Chocrón] the sum
of Bs.31,023,959.43 as a severance payment corresponding to her years of service
as a provisional criminal judge.” According to the State, Mrs. Chocrón Chocrón “has
not proved […] that she has exercised the pertinent remedies to obtain a
rectification as regards her disagreement with the amount of the severance
payment, so that this reparation should not be included, because she has not
exhausted all the domestic remedies for rectification, and because these facts are
not part of the international litigation.”
1.2
Considerations of the Court
181. The Court observes that, in her testimony during the public hearing, Mrs.
Chocrón Chocrón indicated that she was receiving an “income left [to her] by [her]
late husband, because [she] receives no income […] of any kind from her
profession since [she is] waiting to be reinstated in the post, [because she] always
made a living from [her] profession and [her] judicial career.”207
182. Also, the case file contains a “Severance payment statement” dated
November 10, 2004, that has not been contested, and its authenticity has not been
questioned. It indicates that Mrs. Chocrón Chocrón received a severance payment
of Bs.31,023,959.43 for her services from July 31, 1999, to May 27, 2002. This
amount includes the interest on the severance payment and an advance on interest
on the severance payment. The severance document reads as follows:
By signing this statement, I confirm my agreement with the items and amounts received
from the Judiciary’s Executive Directorate owing to the termination of the work
relationship that I had with this body; consequently, I have no remaining claims, either
with regard to the items paid at this time or with regard to any other item arising from
the work relationship.208
183. During the public hearing, Mrs. Chocrón Chocrón indicated that, although
she was not in agreement with the severance payment, she “did not challenge it,
because, at the time, [... she] needed the money that was [paid to her] by the
Judiciary’s Executive Directorate.”209 Based on the foregoing, the Court concludes
that Mrs. Chocrón Chocrón received a severance payment for services rendered
from 1999 to 2002.
184. Nevertheless, the Court considers that the severance payment made to Mrs.
Chocrón Chocrón refers only to her years of service as a temporary judge.
207
Testimony given by Mercedes Chocrón Chocrón during the public hearing, supra note 35.
208
Cf. Statement of severance pay issued by the Judiciary’s Executive Directorate on November
10, 2004 (file of attachments to the answer to the application, volume XII, attachment 33, folio 5917).
209
Testimony given by Mrs. Mercedes Chocrón Chocrón during the public hearing, supra note 35..
53
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