Order of the
Inter-American Court of Human Rights
of October 30, 2008
Case of Baena Ricardo et al.
(270 workers v. Panamá)
(Monitoring Compliance with Judgment)
The Judgment on the merits, reparations, and costs issued by the InterAmerican Court of Human Rights (hereinafter “the Court,” “the Inter-American
Court,” or “the Tribunal”) on February 2, 2001, whereby it unanimously decided:
[…] that the State must pay to the 270 workers mentioned in paragraph 4 of th[e]
Judgment, the amounts that correspond to unpaid salaries and other labor Rights applicable
according to its legislation, which payment must, in the case of deceased workers, be made to
their beneficiaries. In accordance with the pertinent national procedures, the State shall fix the
respective indemnification, in order for the victims and, if applicable, their beneficiaries, to
receive it within a maximum term of 12 months from the date of notification of th[e] Judgment.
[…] that the State must reinstate the 270 workers mentioned in paragraph 4 of th[e]
Judgment in their positions, and should this not be possible, that it must provide employment
alternatives where the conditions, salaries and remunerations that they had at the time that they
were dismissed are respected. In the event that, likewise, the latter is not possible, the State
shall proceed to pay the indemnity that corresponds to the termination of employment, in
conformity with the internal labor law. In like manner, the State shall provide pension or
retirement retribution as applicable to the beneficiaries of victims who may have passed away.
The State shall comply with the obligations established in th[e] operative item within a maximum
term of 12 months from the date of notification of th[e] Judgment.
[…] that the State must pay each of the 270 workers mentioned in paragraph 4 of the[e]
Judgment the amount of US$3,000 (three thousand U.S. dollars) for moral damages. The State
shall comply with the obligations established in th[e] operative item within a maximum term of
90 days from the date of notification of th[e] Judgment.
[…] the State must pay the group of 270 workers mentioned in paragraph 4 of this
Judgment the amount of US$100,000 (one hundred thousand U.S. dollars) as reimbursement for
expenses generated by the steps taken by the victims and their representatives, and the amount
of US$20,000 (twenty thousand U.S. dollars) as reimbursement for costs, from internal
proceedings and the international proceeding before the Inter-American protection system. These
amounts shall be paid through the Inter-American Commission on Human Rights.
The Orders on monitoring compliance with the Judgment issued by the Court
on June 21, 2002; November 22, 2002; June 6, 2003; and November 28, 2005. In
the latter Order, the Tribunal: