51
120. As a result of the indicated violations of the rights embodied in the
Convention in this case, the Court must rule that the victims are ensured the
enjoyment of their violated rights and freedoms. The Court observes that on
November 17, 2000, the Congress of the Republic of Peru ordered that the justices
should be reinstated in their respective functions (supra 26 and 56.30), and this has
already been done.
However, this Court considers that the State must also
compensate the said justices for the salaries and benefits that they failed to receive
(supra 56.31). It also considers that they must be compensated for the costs and
expenses that they incurred owing to the measures taken to litigate the case before
the legal system, in both the internal and the international jurisdiction.
121. Referring to material damages in the case of surviving victims, this Court has
stated that, among other factors, the calculation of compensation should take into
The Court considers that this criterion is
account the time they did not work68.
applicable in the instant case69 and, to this end, orders that the State should pay the
amounts corresponding to the arrears of salary and other work-related benefits that
correspond to the dismissed justices under its legislation. The State must also
compensate the officials for any other damage that they may duly justify and which
is a consequence of the violations declared in this judgment. Following the pertinent
national procedures, the State must proceed to establish the respective
compensatory amounts, so that the victims may receive them as soon as possible.
122. In accordance with consistent international jurisprudence, the Court
considers that the fact that the victims obtain a favorable judgment, as the
culmination of a proceeding that supports their claims, is, in itself, a form of
satisfaction70. The case sub judice involves justices of a high court of constitutional
justice who were dismissed. The case file confirms that the justices were reinstated
in their functions on November 17, 2000 (supra 26 and 56.30), by a resolution of
Congress, that is, by the very organ that had removed them from their functions.
This resolution was published in the official gazette, El Peruano. The Court considers
that these facts constitute per se a moral reparation; and this judgment entails a
similar moral reparation.
*
*
*
123. As this Court has indicated, the American Convention guarantees everyone
access to justice to enforce their rights, and the States Parties have the obligation to
prevent, investigate, identify and punish the masterminds and accessories of human
rights violations71. Based on this obligation, the State has the duty to avoid and
68
Cf. Suárez Rosero case, Reparations, supra note 67, para. 59.
69
Cf. Suárez Rosero case, Reparations, supra note 67, para. 59.
70
Cf. Blake case. Reparations (Article 63.1 American Convention on Human Rights). Judgment of
January 22, 1999. Series C No. 48, para. 55; Suárez Rosero case, Reparations, supra note 67, para. 72;
Castillo Páez case. Reparations (Article 63.1 American Convention on Human Rights). Judgment of
November 27, 1998. Series C No. 43, para. 84; Neira Alegría et al. case. Reparations (Article 63.1
American Convention on Human Rights). Judgment of September 19, 1996. Series C No. 29, para. 56; and
El Amparo case. Reparations (Article 63.1 American Convention on Human Rights). Judgment of
September 14, 1996. Series C No. 28, para. 62.
71
Cf. Blake case. Reparations, supra note 70, para. 65.