15.
Finally, the Court did not receive proof of the fourth payment to one of the
victims who, according to the State’s report, which was not disputed by the
representatives, had received the fourth payment. Consequently, this Court awaits the
forwarding of the respective receipt for this last payment.
16.
Based on the foregoing, the Court considers that the State has complied with
the payment of the final disbursement stipulated in the agreements and has forwarded
the corresponding receipts regarding the 264 victims or their heirs. Furthermore, the
Court shall keep open the procedure for monitoring compliance with the fourth
payment to: a) the victim residing in Brazil; b) the heir or heirs of the victim who died
after the third payment; and c) the victim from whom the Court has not received the
receipt of the last payment.
b) Fourth payment to the victims who did not sign the agreement and the
victim who has not withdrawn any of the payments
17.
The State indicated that “only two (2) persons have refused to sign the
agreement and therefore, the amounts of the payments have been deposited in
guarantee certificates in the Banco Nacional de Panamá", and it attached copy of said
certificates. Furthermore, the State forwarded an agreement signed on January 27,
2012 by one of the victims who had not yet signed the agreement and attached the
copy of the guarantee certificate corresponding to the last payment.
18.
The Center for Justice and International Law reported that all its clients had
received the fourth payment.
19.
The Organización de Trabajadores Víctimas made no specific observations
regarding this point.
20.
The Inter-American Commission indicated that “with respect to the victims who
did not sign the agreement, [Panama] had made the bank deposits in their favor" and
that “it does not have information regarding possible rapprochements to reach an
agreement with the victims who did not sign the settlement agreement.”
21.
This Court confirms that one victim signed the agreement on January 27, 2012
and presented copies of the guarantee certificates deposited in the Banco Nacional de
Panama corresponding to the three previous payments and to the fourth and last
payment. Consequently, the Court notes that there is only one victim who has still not
signed the agreement and another victim who, despite having signed the agreement,
has not withdrawn the certificates. The State presented copies of the guarantee
certificates deposited in the Banco Nacional de Panama for the fourth and last payment
made in favor of the victim who has still not signed the agreement and the victim who,
despite having signed it, has not withdrawn any of the payments. The representatives
made no specific reference to these guarantee certificates. Based on the information
presented, the Court considers that the State has complied with the obligation to
deposit the corresponding amounts in a bank account in respect of these victims who
had not signed the agreement and of the victim who, despite having signed it, had not
withdrawn the cheques.
c) Third payment to the heirs of two victims
22.
In its Order of February 22, 2011, this Court indicated that the third payment
corresponding to the heirs of the two deceased victims was pending, in respect of
whom the Court was awaiting the declaration of heirs. The Court ordered the State to
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