4
11.
That the Tribunal believes that the written information provided up to this
point does not allow effective evaluation of the State’s compliance with the
outstanding operative paragraphs of the Judgment in this case.
12.
That with seven years passed since the Court issued the Judgment and more
than 16 years since the occurrence of the relevant events in this case, it is essential
that the Tribunal be informed, in greater detail, of the measures the State has
adopted in complying with the Judgment, to the end that it may assess their
implementation. Therefore, it is the State’s responsibility to demonstrate to the
Inter-American Court that it has undertaken, with all due diligence, its obligations
established in operative paragraphs six, seven, and eight of the Judgment.
13.
That given the aforementioned, this Presidency considers it imperative that,
in the opportunity mentioned in operative paragraph one of this Order, the State
present detailed and current information on:
a)
the payment to the 270 victims of the amounts corresponding to loss
of salaries and other employment rights for which they qualify according to
legislation, payment that, in the case of workers who have passed away,
should be made to their heirs (operative paragraph six of the Judgment,
February 2, 2001). In that regard, the Tribunal requires information, including
the necessary source documentation, on:
i)
specific action taken by the State and the advances toward
compliance with this obligation;
ii)
the details of the payments made in the way of lost salaries and
other labor rights to each one of the victims; the amount still
outstanding for each of the victims; and if any of the victims has been
fully compensated;
iii)
the proposal of a payment of 20 million balboas mentioned by
the State in communication dated November 29, 2006, and January
22, 2007, the parts of the Judgment this proposal refers to, the
method of its distribution, the method of payment, and the details of
the amount of compensation that each of the victims would receive;
iv)
the return to the victims or their heirs of the amount that the
State has deducted from their compensation for income tax, in
accordance with paragraph 30.a) of the Order on monitoring
compliance, issued by the Tribunal on November 28, 2005; and
v)
the names of the victims who have passed away and the state
of payments to their heirs, specifically those who have received
payment and those who are still owed.
b)
the reinstatement of the 270 victims in their positions or, if that is not
possible, the provision of alternative employment that equals the conditions,
salaries, and compensation that they had at the time they were fired. In the
event that this is not possible either, the State must proceed with the
payment of compensation that corresponds to the termination of