4
the protected guarantee is truly practical and effective, bearing in mind the special
nature of human rights treaties.4
7.
The States Parties to the Convention that have accepted the Court’s contentious
jurisdiction have the duty to comply with the obligations established by the Court. This
obligation includes the State’s duty to inform the Court about the measures it has
taken to comply with the rulings of the Court in its decisions. The State’s prompt
observance of its obligation to inform the Court about how it is complying with each of
the aspects ordered by the Court is fundamental for evaluating the status of
compliance with the judgment as a whole.5
a) Regarding the payment to the victims or heirs who signed the agreements
and the forwarding of the corresponding receipts
8.
Regarding the payment to the victims or heirs who signed the agreements and
the forwarding of the corresponding receipts (first and fifth operative paragraphs of the
Orders of October 30, 2008, July 1, 2009, and May 28, 2010), the State forwarded
copy of the cheques corresponding to the third payment (supra sixth having seen
paragraph). In addition, Panama advised that: (a) “of all the 270 former workers and
heirs who benefited from [the] judgment, 264 workers received the payment between
September and December [2010]”; (b) two of the victims who had not signed the
agreement signed it; and the State presented a copy of the signed agreements, proof
of the endorsement and exchange of their guarantee certificates corresponding to the
first and second payments, and copy of the cheques corresponding to the third
payment; (c) currently, only three of the victims have not signed the settlement;
therefore, the amounts of the three payments made by the State “have been deposited
in guarantee certificates in the Banco Nacional de Panama”; (d) the 17 heirs of the
victims who were waiting for the results of the inheritance procedures at the domestic
level have received the amounts corresponding to the three payments made to date,
and (e) two heirs of the victims are awaiting the declaration of heirs, so that “[t]he
cheques [corresponding to the third payment] have not been withdrawn.”
9.
CEJIL advised that “according [to] information received from the victims, the
cheques have been delivered or the deposits made in guarantee certificates for the
third payment with regard to all the persons represented by CEJIL,” except for one
victim “who is the only person represented by CEJIL who has not withdrawn the
money” even though “the State has proceeded to deposit it in guarantee certificates”.
10.
The Organización de Trabajadores Víctimas did not present its observations on
the State report regarding the third payment made by Panama directly. However, in
different briefs, it stated that it opposed the agreements and their approval by the
Court, and the payments that are being made. Among other observations, they
referred to the different legal actions and claims that have been filed at the domestic
level.
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No.
54, para. 37; Case of the Miguel Castro Castro Prison v. Peru, supra note 2, seventh considering paragraph,
and Case of Valle Jaramillo v. Colombia, supra note 1, fifth considering paragraph.
5
Cf. Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of September 22, 2005, seventh considering paragraph; Case of the Moiwana
Community v. Suriname. Monitoring compliance with judgment. Order of the Inter-American Court of Human
Rights of November 22, 2010, seventh considering paragraph, and Case of the Miguel Castro Castro Prison v.
Peru, supra note 2, eighth considering paragraph.