responsibility.2 The treaty obligations of the States Parties are binding for all branches
and organs of the State.3
6.
The States Parties to the Convention must ensure compliance with its provisions
and their inherent effects (effet utile) within their respective domestic legal systems.
This principle applies not only to the substantive provisions of human rights treaties
(i.e. those addressing protected rights), but also to procedural provisions, such as
those referring to compliance with the Court’s decisions. These obligations should be
interpreted and applied in such a manner that 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 American Convention that have accepted the Court’s
contentious jurisdiction have a duty to comply with the obligations established by the
Court. This includes the duty to inform the Court about the measures it has adopted to
comply with the Court’s rulings in its decisions. The State’s prompt observance of its
obligation to report to the Court on how it is complying with each of the measures
ordered is essential for evaluating the status of compliance with the Judgment as a
whole. 5
a) Fourth payment to the victims or heirs who signed the agreements
8.
Regarding the fourth and final payment of the amounts established in the
agreements, the State reported, inter alia, that “of the 270 former workers and heirs
who benefited from [the] Judgment, 265 workers received the payments in September
2011, excepting two (2) persons who did not sign the agreement, one (1) person who
has not withdrawn the cheque, one (1) person who died while awaiting the results of
the inheritance procedures [...] and [one last beneficiary] who received his full
entitlement in previous payments, and therefore the amount due to him was settled
prior to the last payment.” Panama forwarded copies of the respective cheques.
Moreover, the State reiterated the criteria that were used to determine the amounts of
the settlement and explained that the “income tax refund […] was paid by means of
the first payment of 2008”. Panama asserted that “it has complied with the proposal
submitted to the Inter-American Court of Human Rights in 2008” and requested that
this Court “certify its full compliance with the decision in t[he] Judgment of February 2,
2001.”
9.
The Center for Justice and International Law reported that “according [to]
information from the victims, cheques have been delivered or deposits have been
made through guarantee certificates for the fourth and final payment, to all the
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Articles 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994, Series A Nº.14, para. 35, and Case of Caballero Delgado and Santana v. Colombia.
Monitoring Compliance with Judgment. Judgment of the Inter-American Court of Human Rights of February
27, 2012, Considering para. 5.
3
Cf. Case of Castillo Petruzzi et al v. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 17, 1999, Considering para. 3 and Case of Caballero Delgado
and Santana v. Colombia, supra note 2, Considering para. 5.
4
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999, Series C No.
54, Para. 37, and Case of Caballero Delgado and Santana v. Colombia, supra note 2, Considering para. 6.
5
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of September 22, 2005, Considering para. 7 and Case of Kawas Fernández
v. Honduras, supra note 1, Considering para. 3.
3