2
1.
To reject the Preliminary objections filed by the State.
2.
To continue hearing the instant case.
3.
On February 2, 2001, the Court delivered judgment on merits and reparations
and costs, in which, unanimously, it:
1.
Declare[d] that the State violated the principles of legality and non-retroactivity
enshrined in Article 9 of the American Convention on Human Rights, to the detriment of
the 270 workers mentioned in paragraph 4 of th[e] judgment.
2.
Declare[d] that the State violated the rights to judicial guarantees and judicial
protection provided for in Articles 8(1), 8(2) and 25 of the American Convention on
Human Rights, to the detriment of the 270 workers mentioned in paragraph 4 of th[e]
judgment.
3.
Declare[d] that the State did not violate the right of assembly provided for in
Article 15 of the American Convention on Human Rights, to the detriment of the 270
workers mentioned in paragraph 4 of th[e] judgment.
4.
Declare[d] that the State violated the right to freedom of association enshrined
in Article 16 of the American Convention on Human Rights, to the detriment of the 270
workers mentioned in paragraph 4 of th[e] judgment.
5.
Declare[d] that the State failed to comply with the general obligations provided
for in Articles 1(1) and 2 of the American Convention on Human Rights, in connection
with the violations of the substantive rights pointed out in the preceding operative items
of th[e] judgment
6.
Decide[d] 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.
7.
Decide[d] 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 payment as applicable to
the beneficiaries of victims who may have passed away. The State shall comply with the
obligations established in this operative item within a maximum term of 12 months from
the date of notification of th[e] judgment.
8.
Decide[d], for the sake of equitableness, that the State must pay each of the
270 workers mentioned in paragraph 4 of th[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 this operative item within a maximum term of 90 days from
the date of notification of th[e] judgment.