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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