10
submitted documents on the “evident cases of persons who have not been
declared victims” on grounds of any of the above-mentioned reasons;
b)
According to the explanation above, the list of 714 individuals attached
to the Judgment of the Court, revised to avoid name repetitions, includes 378
active workers, pension beneficiaries, deceased workers, and workers who
executed settlement agreements or were paid social benefits. After having
been revised, the list of beneficiaries attached to the Judgment names 336
individuals, 280 of SITRAMUN and 56 of ESMLL. The State understands that
only 336 workers should be declared beneficiaries under the Judgment of the
Court; and
c)
Paragraphs 227, 248 and 249 of the Judgment of the Court should be
interpreted taking into account their order of appearance. Thus, paragraph
227 includes a general view of those who might be declared victims and
paragraphs 248 and 249 exclusively refer to the workers dismissed for
striking. Paragraph 249 clearly sets forth that the Court considers that only 45
out of the 288 persons named in the application can be declared victims. The
Court itself has excluded the remaining 243 persons, so they cannot be
deemed as beneficiaries by the State.
Considerations of the Court
35.
The Court finds it necessary to divide this chapter as follows: (1)
Considerations regarding the victims in the Case of Acevedo-Jaramillo et al.,
according to the judgment of the Court; and (2) the requests for inclusion of
additional victims.
1)
Victims in the Case of Acevedo-Jaramillo et al., according to the
judgment of the Court
36.
This Court notes that the requests for interpretation refer to the victims of the
non-compliance with the orders of amparo [protection of constitutional guarantees
and rights] issued by the domestic courts on February 6, 1997 5 and on November
16, 19986 Furthermore, the Court was requested to clarify and specify the scope of
the provisions of the Judgment regarding to the total number of beneficiaries under
the Judgment of February 7, 2006 (supra para. 30.f).
37.
To this respect, the Court finds that the scope of the provisions of the
Judgment is clear as regards the victims in the instant case. However, the Court
deems it appropriate to refine the scope of paragraphs 232, 235, 245, 249, 253,
259, 265, 270, 275 and operative paragraph 3 of the Judgment of February 7, 2006,
whereby the victims in the instant case for non-compliance with the abovementioned domestic judgments were declared.
38.
The aforementioned orders of amparo [protection of constitutional guarantees
and rights] issued on February 6, 1997 and November 16, 1998 (supra para. 36)
5
Issued by the Sala Especializada de Derecho Público (Chamber Specializing in Public Law).
Issued by the Sala Corporativa Transitoria Especializada de Derecho Público (Corporate
Provisional Chamber Specializing in Public Law).
6