age. 258 He added that he was than eight years and that it explained that his income had from the sale of a property impossible for him to approach forced to reopen his office which had been closed for more had been difficult to regain clients. Mr. Salinas Montaño been reduced to nearly zero, and that he survived on funds and loans from family and friends, 259 since it had been financial institutions because of his age and income. 235. The Court considers that there are sufficient elements to conclude that the victims suffered losses and no longer received an income, causing them pecuniary damage which must be repaired. 1.2. Determining the time span for the calculation 236. The representatives of the victims and the State requested that the judges’ unpaid salaries be calculated based on different dates. The State requested that the salaries be calculated up to October 2008, the date on which Ecuador’s new Constitution took effect. The representatives, for their part, requested that the calculation be made up to the date of the issuance of this Judgment. In view of this dispute, the Court shall rule on the arguments put forward by the parties to establish the calculation. 237. On November 30, 2007 a National Constituent Assembly was convened for the purpose of drafting a new Constitution for the Republic of Ecuador. This Constitution entered into force on October 20, 2008, following its publication in the Official Record of Ecuador. 260 238. According to the information provided in the case file, the National Court of Justice, created through Article 182 of the 2008 Constitution, consists of 21 judges, elected for a term of nine years, after which they cannot be reelected. 261 As a transitory measure, the Constitution established that any process being examined by members of the former Supreme Court of Justice would be transferred to and decided by the National Court of Justice. 262 239. According to the constitutional provisions concerning the institutional transition, the term of the 31 judges of the Supreme Court of Justice would end 10 days after the results of the referendum had been proclaimed. In this sense, a constitutional change occurred that substantially changed the previous Supreme Court of Justice, since its functions were modified, together with the number of judges that comprise the current National Court of Justice. Bearing in mind the foregoing, given the constitutional changes in 2008 it is not possible to affirm that the judges who formed part of the Supreme Court of Justice would have continued in their positions had they not been dismissed. The election of the 21 new judges of the National Court of Justice, based on a constitutional amendment backed by a referendum, is a random circumstance that directly affects rights and expectations. 258 Cf. Affidavit rendered by Carlos Javier Riofrío Corral (File of attachments to the brief of pleadings and motions, volume I, page 2661). 259 Cf. Affidavit rendered by Naum Clotary Salinas Montaño (File of attachments to the brief of pleadings and motions, volume I, page 2676). 260 The Final Provision of the Constitution of the Republic of Ecuador of 2008 states: “[t]his Constitution […] shall enter into force on the day of its publication in the Official Record”. Official Record no. 449 October 20, 2008 (File of attachments to the answer brief, volume I, page 3568). 261 Cf. Article 182, 2008 Constitution of the Republic of Ecuador (File of attachments to the answer brief, volume I, page 3526). 262 Cf. Transitory Provision 8 of the Constitution of the Republic of Ecuador (File of attachments to the answer brief, volume I, page 3563). 67