3
rights) but also in connection with procedural rules, such as the ones concerning
compliance with the decisions of the Court. Such obligations are intended to be
interpreted and enforced in a manner such that the protected guarantee is truly practical
and effective, taking into account the special nature of human rights treaties4.
*
*
*
6.
As to the obligation to pay Graciela De León, Patria Portugal and Franklin
Portugal, the compensations for pecuniary and non-pecuniary damage and the
reimbursement for legal costs and expenses (operative paragraphs ten, eleven and
seventeen of the Judgment), the State informed that “through the Ministry of Economy
and Finance [...] it proceeded to make the payment of [said] compensations [and] legal
costs and expenses".
7.
The representatives confirmed that “the payments […] were duly made to the
members of the Portugal family”.
8.
The Commission “note[d] that this obligation was timely complied with by the
Panamanian State”.
9.
As a result, this Tribunal declares the full compliance with the State's
obligation to pay Graciela De León, Patria Portugal and Franklin Portugal, the
compensations for pecuniary and non-pecuniary damage and the reimbursement of legal
costs and expenses, according to the terms of Operative Paragraphs ten, eleven and
seventeen of the Judgment.
*
*
*
10.
As to the duty to publish the pertinent parts of the Judgment in the official
gazette and in another newspaper with widespread circulation (operative paragraph
thirteen of the Judgment), the State forwarded copies of the publication of the pertinent
parts of the Judgment in the Official Gazette of February 6, 2009 and in Panama América
newspaper of February 28, of that same year.
11.
The representatives pointed out that “[a]fter making a thorough analysis of
each one of [the] publications [...] they consider that the State […] has fully complied
with [the] measure”.
12.
State”.
The Commission “note[d] that this obligation was duly complied with by the
13.
Based on the foregoing, the Tribunal notes that the State has furnished
documentation evidencing the publication of the pertinent parts of the Judgment in the
Official Gazette of Panama and in another newspaper of widespread circulation;
therefore, the Tribunal declares the full compliance with this obligation.
*
*
*
14.
As to the State's obligation to carry out a public act acknowledging its
international responsibility in relation to the violations declared in this judgment
(operative paragraph fourteen of the Judgment), the State informed that “on February 6,
2009, at the salon de la Nacionalidad of the Ministry of Interior and Justice”, it was held
the ceremony of “Recognition of International Responsibility for the violations declared in
the Judgment”. “The relatives of Heliodoro Portugal, the President of the Supreme Court
of Justice, the Attorney General and the Vice-President of the National Assembly
4
See Case of Ivcher Bronstein V Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Cesti Hurtado, supra note 2, Considering clause six; and case of El Amparo, supra note 2,
considering clause six.