4
rights. This principle applies not only to the substantive rules in human rights treaties (that
is, those containing provisions on protected rights), but also with regard to procedural rules,
such as those regarding compliance with decisions of the Court. Taking into account the
distinct nature of human rights treaties, these obligations shall be interpreted and applied in
such a way that the protection guaranteed is truly practical and effective.6
A.1)
Simple, rapid, and effective mechanism for determining rights
7.
Regarding the obligation established in operative paragraph 4 of the judgment (supra
Having Seen five), the State has expressed that “it is complying with taking the pertinent
steps” for complying with the judgment; that it has met with the interveners to implement a
Commission allowing for a response to what is required in the judgment and has informed
the Legislative Branch that the Commission must be made up of two State representatives
(from the Ministry of justice and Congress) and a representative of the workers. With regard
to the point on the free legal aid to the benefit of the victims, the State reported that the
General Directorate of Public Defenders designated the public defenders for the legal
support of the 257 victims, indicating that 10 public defenders were named that would work
free of charge, in compliance with the provisions of paragraph 149 of the judgment. The
State also reported that the new special Commission7 has been operating since July 16,
2010, and its purpose is to "guarantee access to a simple, rapid, and effective remedy to
the 257 victims in the case." According to the State, that Commission is "constituted based
on the rules set forth in the Order of Monitoring [of Compliance]” of November 20, 2009,
issued in this case. The State also indicated that once the special Commission was set up on
August 23, 2010, the Ministry of Justice was asked to ratify and recognize it. It noted that
the Commission would be made up of delegates from the Congress of the Republic and the
Ministry of Justice, as well as delegates of the victims and a president. According to the
information provided by the State, the Special Commission had 90 calendar days to issue a
final report, a deadline that expired on November 23, 2010,8 although the State has not
informed the Tribunal of the result. Following the installation of the Special Commission, the
National Registry of Identification and Civil Status was asked to provide the current
addresses of the 257 victims in order to notify all the victims of these actions and guarantee
due process. The State indicated that on October 5 and 29, 2010, public hearings were held
where the floor was opened for individuals to voluntarily come forward and make
statements. According to the information provided, 69 victims named in the judgment
requested the floor to present their claims before the "Special Commission."9 The State
indicated that the hearings are being recorded in order to later be forwarded to this
Tribunal. Additionally, the State added that the Special Commission has found it necessary
to set a new date for holding another public hearing and that the "date is open" in order to
"be able to hear all the victims who were not able to take the floor and who wish to express
[…] alternatives for resolving their specific cases."
8.
The common interveners expressed that in March of 2010, they rejected the proposal
of the Specialized Supranational Office of the State’s Attorney of the Ministry of Justice to
set up a "Special Commission" composed of three members, as it did not comply with what
the Court set forth in its Order dated November 20, 2009. Later, they reported that on
March 31, 2010, they received new communication from the Office of the State's Attorney
6
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of the Inter-American Court of Human Rights
of September 24, 1999, para. 37; Case of Tristán Donoso v. Panama. Monitoring Compliance with Judgment. supra
footnote 5, Considering 5, and Case of De la Cruz Flores v. Peru. Monitoring Compliance with Judgment, supra
footnote 5, Considering 6.
7
This Special Commission is headed by Mr. Carlos Blancas Bustamente, chosen on July 26, 2010, during a
meeting of the Special Commission that took place in the offices of the Supranational Office of the State’s Attorney.
See: Annex 13 of the brief of the State dated November 9, 2010 (case file of monitoring of compliance, pages XX).
8
Cf. Annex 14 of the brief of the State dated November 9, 2010 (case file of monitoring of compliance, pages
XX).
9
Cf. Annex 17 and 18 of the brief of the State dated November 9, 2010, containing lists of the individuals
who requested the floor during the public hearings called by the "Special Commission" (case file of monitoring of
compliance, pages XX).