11
resolved the writs of amparo [protection of constitutional guarantees and rights] filed
by the Union on behalf of its members; that is to say, they differ from other
judgments referring to beneficiaries whose names were not listed in the writs or in
the domestic judgments issued in connection therewith. As regards those judgments,
in paragraphs 235 and 248 of the Judgment of February 7, 2006, the Court stated
that the same “include[…] a general order that should be fulfilled regarding to all
those SITRAMUN members who were dismissed under Resolution” No. 033-A-96 in
one case, and under Resolution No. 575 in the other. Moreover, this Court noted that
the beneficiaries of said judgments are individuals that can be “determined”.
39.
In paragraphs 236 and 249 of the Judgment, the Court then proceeded to
identify the victims based on the evidence submitted in the proceedings, in relation
to the aforementioned domestic rulings.
40.
As regards the above-mentioned Judgment of February 6, 1997, the
Commission, in its application, identified 355 workers as alleged victims;
nonetheless, copies of the orders of dismissal of 354 of those workers have been
submitted to the Court. In order to make the list of victims, the Court took into
account the above-referred orders submitted to the Court evidencing that those
workers were dismissed under Resolution No. 033-A-96. The names of those 354
individuals are listed in the schedule of victims attached to the Judgment of the
Court of February 7, 2006.
41.
As regards the above-mentioned Judgment of November 16, 1998, the
Commission, in its application, identified 288 workers as alleged victims;
nonetheless, copies of the orders of dismissal of 45 of those workers have been
submitted to the Court. In order to make the list of victims, the Court took into
account the above-referred orders submitted to the Court evidencing that those
workers were dismissed under Resolution No. 525. 033-A-96. The names of those 45
individuals are listed in the schedule of victims attached to the Judgment of the
Court of February 7, 2006.
42.
The Court also deems it appropriate to highlight that, although there may be
more beneficiaries of the domestic orders of amparo [protection of constitutional
guarantees and rights] of February 6, 1997 and November 16, 1998, in the InterAmerican proceedings pending before this Court it could only be proven that the
victims of the first judgment are the 354 individuals named in the schedule of victims
attached to the Judgment of the Court of February 7, 2006, and that the victims of
the second judgment are the 45 individuals named in said Exhibit. Said
determination is final in the case of Acevedo-Jaramillo et al.
43.
The Court belatedly observes that, after rendering the Judgment, other
dismissal orders were submitted. According to the provisions of Article 67 of the
Convention, the Judgment of the Court is final and the Court lacks powers to make
amendments regarding the victims based on the dismissal orders that did not form
part of the body of evidence weighted at the time the Judgment was delivered.
*
*
*
44.
Furthermore, the Court was requested to “clarify and specify the scope of the
provisions of the Judgment” regarding to the total number of beneficiaries of the
Judgment of the Court (supra para. 30.f).