ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 22, 2011
CASE OF BAENA RICARDO ET AL V. PANAMA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on the merits, reparations and costs (hereinafter “the judgment”)
delivered by the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court” or “the Court”) on February 2, 2001.
2.
The orders on monitoring compliance with judgment issued by the InterAmerican Court on June 21, 2002, November 22, 2002, June 6, 2003, November 28,
2005, October 30, 2008, July 1, 2009, and May 28, 2010. In the latter, the Court
declared:
1.
That, pursuant to the thirteenth and fourteen considering paragraphs of th[e] Order, the
State has complied with the delivery the cheques corresponding to the second of the four
agreed payments with regard to 262 victims or heirs of the 266 persons who signed the
agreements, and with the forwarding of the corresponding receipts (operative paragraphs 1
and 4(a) of the Order of October 30, 2008).
2.
That, in accordance with sixteenth considering paragraph of th[e] Order, the State has
still to comply with its obligation to make an individualized bank deposit and send the
corresponding receipts, with regard to those persons who have not signed the agreements or
who, having signed them, withdrew their consent (operative paragraphs 3 and 4(b) of the
Order of October 30, 2008).
AND DECIDE[D]:
1.
To require the State of Panama to continue adopting all necessary measures to comply
effectively and promptly with the pending payments established in the agreements with regard
to the victims or heirs who have signed them.
2.
To require the State of Panama to adopt al necessary measures to comply effectively
and promptly with the bank deposits corresponding to the victims or heirs who did not sign the
agreements or who withdrew their consent, as established in the agreements approved by the
Court and in the Order of October 30, 2008.
3.
To reiterate, with regard to the victims or heirs who did not sign the agreements or who
withdrew their consent, that any discrepancy regarding the determination of all the rights
arising from the judgment and the amounts of the compensation and reimbursements relating
to compliance with the sixth and seventh operative paragraphs of the judgment must be
decided in the domestic sphere under the applicable domestic procedures, which includes the
possibility of resorting to the domestic authorities such as the domestic courts.
4.
To reiterate that the Court will keep the proceeding of monitoring compliance with
judgment open with the sole purpose of receiving: (a) the receipts for payment to the victims
or heirs who signed the agreements, and (b) the receipts for the bank deposits with regard to