111
part of Panamanian law, in respect of which it is not pertinent to adopt a decision
about the derogation thereof, as the Commission requested in its application.
*
*
*
212. To comply with this judgment, the State is to pay, within 12 months from the
date of notification of the Judgment, the indemnification established in favour of the
270 workers in the instant case and their beneficiaries or duly accredited legal
representatives, except for the amount relative to moral damages (supra para. 207),
whose reparation shall consist of payments that must be made within the following
90 days. In paying the indemnity sustained in this judgment, the State shall pay the
amounts that correspond to the current value of salaries due for the respective
period (unpaid salaries). Finally, if for any reason it were not possible for the
beneficiaries of the indemnity to claim it within the indicated 12-month term, the
State shall accredit the respective amounts to their order in an account or time
deposit with a solvent financial institution under the most favourable conditions. If
at the end of 10 years the indemnity is not claimed, the sum shall be returned
together with the interest earned, to the Panamanian State.
213. According to its constant practice, the Court reserves the power to supervise
the overall compliance with this Judgment. The proceeding shall be considered at an
end once the State has complied appropriately with the provisions of this Judgment.
XVI
OPERATIVE PARAGRAPHS
214.
Now, therefore,
THE COURT
Unanimously,
1.
Declares that the State violated the principles of legality and non-retroactivity
enshrined in Article 9 of the American Convention on Human Rights, to the detriment
of the 270 workers mentioned in paragraph 4 of this Judgment.
2.
Declares that the State violated the rights to judicial guarantees and judicial
protection provided for in Articles 8(1), 8(2) and 25 of the American Convention on
Human Rights, to the detriment of the 270 workers mentioned in paragraph 4 of this
Judgment.
3.
Declares that the State did not violate the right of assembly provided for in
Article 15 of the American Convention on Human Rights, to the detriment of the 270
workers mentioned in paragraph 4 of this Judgment.
4.
Declares that the State violated the right to freedom of association enshrined
in Article 16 of the American Convention on Human Rights, to the detriment of the
270 workers mentioned in paragraph 4 of this Judgment.
5.
Declares that the State failed to comply with the general obligations provided
for in Articles 1(1) and 2 of the American Convention on Human Rights, in connection
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