11
52.
On September 8, 2000, the Agent of the State sent the President a note in
which he expressed "his complete trust in the proceedings conducted by the Court,"
as well as his "full belief in the impartiality, independence and honourableness of
both, the Illustrious President, and all the other judges."
53.
On November 22, 2000, the State presented part of the documentation
requested by the Court on August 10, 2000, as evidence to broaden the knowledge
on the matter.
54.
On November 30, 2000, pursuant to instructions from the full Court and as
per Article 44 of the Rules of Procedure, the Secretariat requested the Commission to
submit, no later than December 13, 2000, the documentary evidence that accredited
the request for the payment of costs and expenses contained in its application, as
well as the corresponding arguments. On December 12, 2000, the Commission
requested an extension of one month for the submission of said information. On the
13th of the same month and year, the Secretariat informed the Commission that the
President had granted it until January 8, 2001, as a final extension.
55.
On December 22, 2000, the State submitted a brief whereby the Minister of
the Interior, Ms. Ivonne Young, informed that there was no record, in the files of the
Cabinet Council, of the proceedings conducted against the workers dismissed
pursuant to Law 25, nor minutes of the deliberations of the Cabinet Council for
December 1990, or the deliberations developed about Resolution N° 10 of January
23, 1991.
56.
On January 8, 2001, the Commission submitted the documentary evidence
that, in its opinion, accredited the request for the payment of costs and expenses
contained in its application, as well as the corresponding arguments. The next day,
the Secretariat acknowledged receipt thereof and, pursuant to Instructions from the
President, granted the State until January 24, 2001, for the submission of its
observations.
On January 12, 2001, the Commission sent, via courier, the
appendices missing in the January 8, 2000, brief, which were forwarded on that
same day to the State. On January 24, 2001, the State submitted its observations
on the Commission's brief.
V
THE EVIDENCE
A) DOCUMENTARY EVIDENCE
57.
Together with the application brief (supra paragraphs 1, 2 and 3), the
1
Commission submitted a copy of the 50 documents contained in the 26 appendices.
1
cfr. appendix I, note N° 2328-DE of November 12, 1996, of the Executive Director of the
National Water and Sewerage Institute addressed to the former IDAAN employees dismissed pursuant to
Law 25; appendix II, memorandum N° 554-AL of November 21, 1996, of the Director of the Legal Affairs
Department, addressed to the Executive Director of Administrative Services of the same company;
appendix III, a certification of August 12, 1991 of the Ninth Prosecutorial Agency, First Judicial Circuit of
Panama, with respect to Evangelista Granja; two certifications of August 13, 1991, of the Ninth
Prosecutorial Agency, First Judicial Circuit of Panama, with respect to Antonio González and Zilka Aimett
Loy-Matos; a certification of August 20, 1991, of the Ninth Prosecutorial Agency, First Judicial Circuit of
Panama, with respect to Ernesto Romero; two certification requests of August 12 and 13, 1991,
addressed to the Ninth Prosecutorial Agency, First Judicial Circuit of Panama, submitted by Zilka Aimett
Loy-Matos, and Antonio González; appendix IV, notes of December 10, 11 and 13, 1990, of the Director
General of the Water Resources and Electric Power Institute addressed to Messrs. Gustavo Ortiz, Cristóbal