independence for the National Assembly and the Council for Citizen Participation and
Social Oversight, intended to equip government employees with specialized knowledge
of inter-American standards on the dismissal of high-level judicial officers. The State
argued that Mr. Aguinaga Aillón’s duties in his position as a member of the TSE were not
equivalent to those of a judge, and the training on judicial independence was therefore
inappropriate because it was unrelated to the issue addressed by the case at hand.
123. The Court recalls that the facts of the instant case took place in a setting of
political instability, which had led to the removal of the justices from the Supreme Court
and dismissal of the members of the Constitutional Court and the TSE. The Court also
cautions that Ecuador has amended the regulations in place at the time of the facts and
has reorganized the government institutions that were affected by and involved in this
case. Because the surrounding circumstances have changed, and in view of the
regulatory and institutional reforms, the Court finds that it would be unnecessary to hold
training for State authorities under the terms proposed by the representatives. The Court
also finds that the measures of redress already ordered herein are sufficient, well suited
to the violations declared, and useful for preventing similar situations from arising in the
future. It will not order the adoption of additional measures of reparation for this reason.
E. Compensatory damages
E(1). Pecuniary damages
124. The Commission asked for full redress for the human rights violations declared
in the Report on the Merits, including the measures of compensation and satisfaction
necessary to offset the material and nonmaterial damage experienced by Mr. Aguinaga.
125. The representatives asked for payment of monetary compensation for the
damages associated with the total earnings Mr. Aguinaga Aillón failed to receive from
the time he was dismissed until the end of his designated term of office, that is, from
November 25, 2004 through January 14, 2007. They asked that the calculation of
pecuniary damages take into account “salary, additional payments, official
entertainment allowances, bonuses, foreign travel for seminars, conferences, election
observation missions or other activities, per diem, allowances and other services that
Mr. Aguinaga Aillón would have been entitled to.” They calculated material damages of
USD 302,998.95 on this basis. The representatives also said that this amount should be
paid with accrued interest corresponding to the 17 years that had elapsed since litigation
in the inter-American system had begun.
126.
The State argued that, in accordance with the case law of the Inter-American
Court, reparations may not entail inappropriate enrichment of the victim, as their
ultimate purpose is only to provide full redress for the damage declared. It argued,
therefore, that injured parties cannot request indemnification for amounts that were not
taken from their assets, such as entertainment allowances, the cost of foreign travel to
seminars, and per diem. Such expenditures, it claimed, constitute “potential outlays”
and not real amounts that the person failed to receive, and therefore asked that the
claims for these items be disallowed from any compensation granted.
127. The Court has held in its case law that pecuniary damages cover loss or detriment
to the victims’ income, expenses incurred as a result of the facts of the case and
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