35
VII.
RECOMMENDATIONS
139.
In consideration of the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS RECOMMENDS THAT THE
STATE OF ECUADOR:
1.
(a)Reinstate the victims in the judiciary, in positions similar to those that they held,
with the same remuneration, social benefits, and rank comparable to that they would hold today if
their functions had not been terminated, for the period of time that was remaining in their terms, or
(b) If, for grounded reasons, reinstatement is not possible, the State shall reasonably
indemnify the victims, or if applicable to their successors, taking into account moral damages.
2.
Pay the victims the professional wages, pensions and/or social benefits they failed to
receive from the time of their termination up to the moment on which their terms would have
ended.
3.
Publicly recognize, granting adequate publicity, the violations declared in the present
case, in particular, the infringement on the independence of the Judiciary.
4.
Adopt measures of non-repetition, that assure the independence of the Judiciary,
including the measures necessary so that domestic law and applicable practice obey clear criteria
and ensure guarantees in the appointment, tenure, and removal of judges, in particular, a long
enough term in judicial office to ensure their independence and the determination of the grounds for
impeachment, in accordance with the standards established in the American Convention.
Done and signed in the city of Washington, D.C., on the 22 day of the month of July, 2011.
(Signed): Dinah Shelton, President; José de Jesús Orozco Henríquez, First Vice-President; Rodrigo
Escobar Gil, Second Vice-President; Paulo Sérgio Pinheiro, Felipe González, Luz Patricia Mejía Guerrero
and María Silvia Guillén, Commissioners.