matter is provided through the Judicial Academy, the Sub-directorate of Training of the Judiciary
and the School of the Public Prosecution Service. It added that magistrates can register or apply
for these according to the availability provided by the Judicial Academy and that in many cases
they are provided virtually so that they are accessible to magistrates from all over the country.
The Commission did not present arguments on the measures requested. Regarding the
aforementioned measures requested, the Court considers that the issuance of this judgment and
the measures of satisfaction ordered in this judgment are sufficient, therefore it does not consider
it necessary to order the above measures.
E. Compensation
E.1 Pecuniary Damage 180
208. The Commission requested that the State make comprehensive reparations for the
violations declared, including both pecuniary damage and non-pecuniary damage.
209.
The representatives asked that the State pay:
a)
Regarding Mr. Cuya: Loss of earnings: all the amounts of monthly salaries,
educational bonuses, national holidays and Christmas from November 21, 2002 to January
31, 2020 total the sum of USD 718,657.46 (seven hundred eighteen thousand six hundred
fifty and seven United States dollars and forty-six cents). To this is added the amount of
legal interest, which amounts to the sum of USD 136,873.11 (one hundred thirty-six
thousand eight hundred seventy-three thousand United States dollars and eleven cents).
Both items make up the sum of USD 855,530.57 (eight hundred fifty-five thousand five
hundred thirty United States dollars and fifty-seven cents).
b)
Regarding Mr. Valenzuela: Loss of earnings: which is equivalent to the salaries
not received, from August 28, 2002 to date, taking into account the salary that he would
have received as a judge at present, which would be equivalent to approximately USD
4,816 (four one thousand eight hundred and sixteen United States dollars). Therefore, they
requested the sum of USD 828,894.00 (eight hundred twenty-eight thousand eight
hundred ninety-four United States dollars). In addition, that the Court order the State to
pay back wages up to the date that Mr. Valenzuela Cerna is reinstated in his position and
that the employer's social security contributions be retroactively canceled, so that he does
not lose the years of employment and lose his retirement entitlement.
c)
Regarding Mr. Díaz Alvarado and Ms. Rodríguez Ricse: Loss of earnings: the
sum of USD 427,000.00 (four hundred twenty-seven thousand eight hundred United States
dollars) each, equivalent in national currency to S / 1,368,000.00 (180 months at 7,600.00
soles)] for having been illegally terminated. This sum includes S / 3,200.00 soles of
remuneration and S / 4,400.00 soles of bonus for fiscal performance that is received month
on month, in a fixed and permanent way and freely available. In addition, for pension
purposes and the payment of compensation for time of service, the period from July 13,
2001 to the date of reinstatement is recognized as "effective work".
210. The State argued that it had not violated any right established in the American Convention,
therefore it considered that it did not correspond for the victims to receive compensation for
pecuniary damage. Specifically, it noted the following:
180
It is noted that Mr. Cuya’s representatives, when alleging consequential damages, made reference to expenses
related to the upkeep of the family and the representatives of Mr. Valenzuela put forward medical expenses for
psychological treatment, which are not related to the purpose of the case and the violations declared. The representatives
of Messrs. Cuya and Valenzuela also requested, as part of the consequential damage, the expenses incurred during the
judicial process in the domestic sphere, as well as at the international level. Due to the nature of the expenditures, the
Court will consider this item in the costs and expenses section.
52