than the provisions of article 225 of the Paraguayan Constitution, exceeds the purpose of this
case. Similarly, the Court recalls that this judgment has not declared a violation based on the
alleged failure to establish a prior regulation of impeachment proceedings or a violation of
Article 8(2)(h) of the Convention or the principle of legality. Consequently, since there is no
causal nexus, it is not appropriate to grant the measures requested in this regard.
197. In relation to the requests relating to training and educational programs, the Court
notes that the violations of the rights declared in this judgment were not the result of
shortcomings in the training or professionalization of the members of the branches of
government or agents of justice. Consequently, there is no causal nexus between such
measure and the facts of the case. Therefore, it is not appropriate to grant the measures
requested.
198. Lastly, the information provided by the State indicates that, since 2015, the
impeachment procedure has been regulated by Senate Resolution No. 825. This legislation
was not applied in the instant case or analyzed in this judgment. Therefore, the Court
considers that it is not appropriate to order the reparation requested concerning the
amendment of the law. Nevertheless, the Court deems it pertinent to recall that the different
state authorities are obliged to exercise ex officio a control of conventionality between
domestic laws and the American Convention within the framework of their respective terms of
reference and the corresponding procedural rules. In this task, the domestic authorities must
take into account not only the treaty, but also the interpretation that has been made of it by
the Inter-American Court, ultimate interpreter of the Convention.188
E. Compensation
199. The Commission asked that the State provide full reparation for the violations declared
in the Merits Report, including the pecuniary and non-pecuniary damage.
E.1. Pecuniary damage
200. With regard to the loss of earnings of Mr. Ríos Ávalos, the representatives asked the
Court to order the State to “pay the unpaid wages from the date of the decision to remove
him from office […] until the date of his reinstatement” and, if the latter was not possible, “to
pay this until he reached 75 years of age.” They indicated that the amount corresponding to
unpaid wages was “5,615,361,268.00 guaranis, equivalent to [US$]871,635.00 in [United
States] dollars, and this [was] justified by the report on the salaries received by the justices
of the Supreme Court of Justice from 2004 to 2019. They added that, “in order to update the
amount in keeping with the evolution of the Consumer Price Index […] the sum resulting from
the expert appraisal prepared by […] Celso Cañiza Paredes [was] claimed; […] this amounted
to 7,340,304,834.00 guaranis, equivalent to [US$]1,139,386.66 [United States] dollars.”
201. In the case of Mr. Fernández Gadea, they asked that the Court order the payment of
unpaid wages “from 2004 until the date of his decease.” They asked the Court to determine
the corresponding amount.
202. They added that the respective calculations should be made based on the payroll and
other benefits of the justices of the Supreme Court provided as evidence and on the variation
in the Consumer Price Index published by the Central Bank of Paraguay. They indicated that
the State “must deposit in the Retirement and Pension Fund the sums corresponding to all the
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment
of September 26, 2006. Series C No. 154, para. 124, and Case of Casa Nina v. Peru, supra, para. 139.
188
48
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos