Inter-American Court of Human Rights
Case of Baena-Ricardo et al. v. Panama
Judgment of November 28, 2003
(Competence)
In the Baena Ricardo et al. case,
the Inter-American Court of Human Rights (hereinafter “the Court” or “the InterAmerican Court”), composed of the following judges:
Antônio A. Cançado Trindade, President
Sergio García Ramírez, Vice President
Hernán Salgado Pesantes, Judge
Máximo Pacheco Gómez, Judge
Oliver Jackman, Judge
Alirio Abreu Burelli, Judge, and
Carlos Vicente de Roux Rengifo, Judge,
also present,
Manuel E. Ventura Robles, Secretary, and
Pablo Saavedra Alessandri, Deputy Secretary
in accordance with Article 25(1) of the Statute of the Court (hereinafter “the
Statute”) and with Articles 29, 55 and 57 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”), delivers the following judgment on
competence with regard to the allegation of the State of Panama (hereinafter “the
State” or “Panama”) that the Court lacks competence to monitor compliance with its
judgments.
I
PROCEEDING BEFORE THE COURT
1.
On January 16, 1998, the Inter-American Commission on Human Rights
(hereinafter the “Commission” or the “Inter-American Commission”) referred to the
Court a complaint against the Republic of Panama, arising from a petition (No.
11,325), received by the Secretariat of the Commission on February 22, 1994. The
Commission submitted the case for the Court to decide whether Panama had
violated Articles 1(1) (Obligation to Respect Rights); 2 (Domestic Legal Effects); 8
(Right to a Fair Trial); 9 (Freedom from Ex Post Facto Laws); 10 (Right to
Compensation); 15 (Right of Assembly); 16 (Freedom of Association); 25 (Right to
Judicial Protection), and 33 and 50(2) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”).
2.
On November 18, 1999, the Court delivered a judgment on Preliminary
objections in which it decided, unanimously: