address this aspect. The State noted that national authorities have “taken measures
of various kinds to comply with the ruling of the Constitutional Court.”
146. The Court notes that the representatives did not demonstrate the existence of
impediments to the investigation, prosecution, and punishment of those responsible,
to which said request lacks a causal connection with the violations declared in this
ruling.
D. Compensation for pecuniary and non-pecuniary damages
147. The Commission considered it “relevant that there be reparation for the
consequences produced by the lack of compliance of the judgment, by means of the
payment of a compensation for the damages caused in the case” and requested that
the Court, “notwithstanding any claims that the victim may make at the appropriate
stage in the proceedings," set an amount, in equity, as compensation for pecuniary
and non-pecuniary damages, in exercise of its broad authority in this matter.
108
requested that the Court establish the amount of US$
148. The representatives
358,033.59 (three hundred and fifty-eight thousand thirty-three dollars of the United
States of America and fifty-nine cents) established "by the State itself" and that it
order the State to pay the victim that amount, to which "should be added only the
difference resulting between June 2009 and October 2010 in which Mr. Mejía Idrovo
was reinstated to active service," to the concept of reparation of pecuniary and nonpecuniary damage. The representatives emphasized that the State has never
complied with the second point of the judgment of the Constitutional Court of
October 2009, because the State made a payment of US$570,772.68 (five hundred
and seventy thousand, seven hundred seventy-two dollars of the United States of
America and sixty-eight cents), "nonetheless, it did not [specify] that this payment
was made in favor of the victim as ordered in the judgment, but made in favor of the
[Armed Forces Social Security Institute of Ecuador] [(hereinafter "ISSFA")].
Likewise, the representatives requested that the Court, "in equity, set an amount for
the concept of extra patrimonial reparation that the victim's next of kin should
receive."
149. The State argued that "the alleged victim, in a systematic way, has refused to
recognize the efforts of the State regarding a potential reparation.” It added that
"the Ministry of Justice and Human Rights, as well as the Prosecutor General of the
State in the specific field of their competence, have received the refusal of Mr. Mejía
Idrovo to accept the amounts calculated by the corresponding entities.” The State
asserted that "through the Ministry of Justice and Human Rights, the ISSFA, and the
Ministry of Defense, it has made, and at present is making the greatest efforts to
provide reparation to the citizen Mejía Idrovo according to the decision of the
Constitutional Court" and that "it committed itself with the Inter-American Court to
inform [...] on the severance payments being carried out in the ISSFA. In this
regard, the State expressed that "it heeded to the creation of a multidisciplinary
[c]ommission, which has met on three occasions, in order to establish the total
compensatory amount whose final value" was US$ 358,033.59 (three hundred and
108
Attached are the corresponding supporting documents (annexes to the brief of pleadings, motions
No. 70, 71 and 72, fs 1983 to 2000).
43
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