ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 28, 2010
CASE OF BAENA RICARDO ET AL. V. PANAMA
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The Judgment on the merits, reparations and legal costs (hereinafter, the
"Judgment") delivered by the Inter-American Court of Human Rights (hereinafter, the
"the Inter-American Court”, "Court", or the “Tribunal”) on February 2, 2001.
2.
The orders on monitoring compliance with the Judgment issued by the InterAmerican Court on June 21, 2002, November 22, 2002; June 6, 2003; November 28,
2005; October 30, 2008; and July 1, 2009. In the latter, the Tribunal declared:
1.
That, pursuant to Considering clauses No. 12 and 13 of […] Order, the State has
complied with its duty to deliver the checks for the first of the four payments agreed, in
relation to 255 victims or successors signatory to the agreements and to the issuance of the
payment receipts (operative paragraphs 1 and 4(a) of the Order of October 30, 2008). The
Court shall wait for confirmation of the situation of the five persons who signed the agreements
and who would have withdrawn the check, and with the two persons who signed the
agreements but have not withdrawn their checks.
2.
That, in accordance with Considering clause No. 14 of […] Order, the State is yet to
comply with its obligation to make a specific bank deposit and send the corresponding deposit
slips, in connection with those persons who have not signed the agreements or who, after the
signature, withdrew their consent (operative paragraphs No. 3 and 4(b) of the Order of October
30, 2008).
AND DECIDE[D]:
1.
To require the State of Panama to continue adopting such measures as are necessary
to effectively and promptly make the outstanding payments pursuant to the agreements
regarding the victims or successors who have signed them.
2.
To require the State of Panama to adopt such measures as are necessary to
effectively and promptly make the bank deposits to the victims or successors who did not sign
the agreements or who withdrew their consent to them, pursuant to the agreements approved
by the Court and in the Order of October 30, 2008.
3.
To repeat, with regard to the victims or successors who did not sign the agreements
or withdrew their consent after signing them, that any discrepancy regarding the determination
of all the rights arising from the Judgment and the amounts of the compensations and
reimbursements with regard to the compliance with operative paragraphs No. 6 and 7 of the
Judgment must be settled by on the domestic sphere pursuant to the applicable domestic
procedures, which involves the possibility of resorting to the domestic authorities including the
domestic courts.

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