8
d)
The concept of “victim” may be understood as an "injured person as a
result of a state act in violation of the Convention” and as a “person who has
been declared a victim by the Court”. It is likely that a person falls into one or
both categories. The former is the case of the 243 persons who have not been
individualized by the Court for they have not been declared victims in the
Judgment of the Court; consequently, no reparations have been awarded to
them in the Inter-American system and no follow-up measures regarding to
state obligations have been ordered; however, this does not mean that the
injuries sustained by those persons do not persist;
e)
Although the Judgment of the Court fails to recognize the rights of
those 243 persons who have not been declared victims and to order
reparations in their favor, it has not declared that the injuries sustained by
them have not existed or still exist. The Judgment is not aimed at denying
rights to those workers who have been dismissed on illegally recognized
grounds or discharged under a domestic order; and
f)
The Court, in its ruling on the illegal nature of certain state acts, like
the failure to comply with the judgments delivered in favor of the workers,
should give notice of the state acts affecting the whole group of injured
persons for said violation. Even though in the Inter-American system followup measures of compliance have only been adopted regarding to 45 of the
victims, the obligations of the State towards the remaining 243 victims
prevails, for they have been awarded relief under the judgments delivered in
the domestic system and, therefore, they are still entitled to enforce their
rights as long as they prove that those judgments remain unfulfilled.
33.
Arguments by the common intervener and César Passalacqua-Pereyra and
Michael Lores-Góngora
In their arguments on the requests for interpretation:
a)
The common intervener (supra para. 17) argued that:
i.
“The Judgment of the Court has set a way of determining the
beneficiaries of the judgment who have not been identified therein so
as they may be considered victims within the scope of said judgment
with right to the reparations awarded thereby;”
ii.
Two of the obligations assigned by the Court to the State
consist in the full and definite identification of the victims by the
Peruvian Courts; and the enforcement of the right to the reparations
awarded by the Judgment of those persons identified as and declared
beneficiaries in the domestic system;
iii.
Paragraph 227 of the Judgment of the Court sets out the
classification of the victims in the instant case in three groups. The
first group gathers the victims named in the Judgment. The second
group includes the victims who are not named in the Judgment but are
listed in the application. The third group refers to the victims who are
beneficiaries under a judgment but have not acted as applicants; this
category groups the beneficiaries of the judgment of November 16,
1998, who acted through union representatives, as stated in the