afterwards, to the point of having to seek assistance […] from doctors specializing in general
or internal medicine, gastroenterology, neurology, pain medicine and others.” 290 For his
part, Mr. Andrade Ubidia stated that “[f]or a long time [he] was withdrawn, felt a deep
sense of despair, failure and suffered extreme anxiety over the future, both personal and in
relation to the country.” 291 Finally, Mr. Varea Áviles stated that “undoubtedly the coarse and
violent humiliation [he] suffered did not allow [him] to prepare the honorable retirement
that a person like [him], who had dedicated [his] whole life to the exercise of the Judiciary,
deserved, given that ‘from one day to the next’ [he] found [himself] at home and not
knowing what to do.” 292
261.
From the foregoing statements, it is clear that their dismissal from office and the
manner in which this occurred, caused the judges moral damage, reflected in symptoms
such as the depression suffered by some, or feelings of shame and instability. The Court
also considers that the judges suffered moral damage by being unable to carry out their
duties as judges of the judicial branch and, in return for their work, receive a salary that
would allow them and their families to enjoy a lifestyle similar to the one they had before
their dismissal. Furthermore, the Court takes into account that the situation experienced by
the 27 judges had a direct effect on their state of mind, given their financial expectations.
Nevertheless, the Court emphasizes that in this case the only evidence provided of nonpecuniary damage was the victims’ statements. In weighing up all the factors in order to
determine the amount due for non-pecuniary damage, the Court also takes into account its
jurisprudence on this matter. Accordingly, the Court establishes, in equity, the sum of US$
5,000.00 (five thousand dollars of the United States of America) for each of the victims and
grants a period of one year for payment.
262.
Bearing in mind the reparations ordered previously, it is not necessary to refer to
the arguments presented by the representatives related to the alleged effects on the judges’
life project.
D.
Other measures of reparation
Arguments of the parties
263.
The representatives requested that “the persons involved in violating the rights of
the victims in this case” be investigated and punished. According to the representatives, this
would include “the President of the Republic at that time, Lucio Gutiérrez, for having
summoned the special period of sessions [and each and every one of the congressmen who
voted for the [dismissal] resolution” and “the judges of the Constitutional Tribunal” who
prevented the filing of amparo remedies against the dismissal. They therefore requested
that “the Judgment issued by the Court be notified to the Public Prosecutor and that there
should be a process to recover the payment made by the State in respect of the reparations
ordered.” The representatives also called for an investigation of those who denied the
amparo remedies, threatened the judges and made it impossible for them to apply
measures of domestic law. They requested that the Court order the process to recover the
payment from those responsible as part of the Judgment, so that the State could be
290
Affidavit rendered by Armando Serrano Puig (File of attachments to the brief of pleadings and motions,
volume I, page 2692).
291
Affidavit rendered by José Santiago Andrade Ubidia (File of attachments to the brief of pleadings and
motions, volume I, pages 2769 and 2770).
292
Affidavit rendered by Alberto Rodrigo Varea Aviles (File of attachments to the brief of pleadings and
motions, volume I, page 2717).
75