persons represented by [said organization].” Furthermore, CEJIL attached a brief
signed by some of its clients, in which they expressed their disagreement with the
settlement agreements “that are being executed” and advised that they have instituted
domestic proceedings to contest them and to demand, among other things, “the refund
of the amounts deducted for income tax.” Finally, in said attachment, the victims
pointed out that if the Court were to declare that the State had fully complied with the
Judgment, as requested by the State, this would be used “by the [Panamanian] courts
to [dismiss] their claims lodged before the [domestic] courts”.
10.
The Organización de Trabajadores Víctimas did not present any observations to
the State’s report regarding the fourth payment made by Panama, but stated that it
opposed the agreements and their approval by the Court. In addition, it mentioned
that certain national authorities had not responded to its requests for information and
to the claims filed at the domestic level and expressed its disagreement, among other
things, with the fact that the Court had ordered the victims to file claims in the
domestic courts. Finally, it expressed concern about the impact that the possible
conclusion of the procedure to monitor compliance might have on the domestic
proceedings.
11.
The Inter-American Commission reiterated that, during the procedure for
monitoring compliance, it had continued to receive observations from various groups of
victims who objected to the settlement agreements submitted by the State and alleged
that there were problems regarding the amounts of the payments made by Panama.
Likewise, the Commission noted that the State “presented copies of the receipts for the
payments made to the victims or heirs who signed the agreement [...]". In addition, it
indicated that “it [had] no observations to make” regarding the payments issued.
Finally, the Commission attached a document forwarded by a group of victims.
12.
Regarding the fourth and final payment, the Court confirms that, according to
the receipts forwarded, of the 268 victims or heirs who signed the agreement, 263
received the cheque corresponding to the fourth payment. Furthermore, the Court
notes that neither the representatives nor the Commission mentioned the beneficiary
who, according to the State, “due to [an] involuntary error received the full amount of
his entitlement in the previous payments,” and therefore would not be entitled to the
fourth payment. Therefore, this Court considers that the fourth payment has been
fulfilled in respect of this last beneficiary.
13.
Likewise, regarding various specific situations reported by Panama (supra
Considering paragraph 8), the Court notes the following points. With respect to the
beneficiary who, according to the State, resides in Brazil and therefore would not have
withdrawn the cheque corresponding to the fourth payment, neither the
representatives nor the Commission commented on this issue. Consequently, this
Court awaits the forwarding of the signed cheque or else of the bank deposit made in
favor of that person.
14.
In addition, the Court notes that one of the victims died on August 16, 2011,
that is to say, before the fourth payment was made, and therefore this payment is still
pending delivery to his heir or heirs. Neither the representatives nor the Commission
made specific reference to that victim. Based on the foregoing, this Court awaits the
forwarding of the cheque signed by the heir or heirs or else the bank deposit or
guarantee certificate issued in his or their favor.
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