2
heirs of victims who have passed away compensation by way of a pension or retirement that
applies (operative paragraph seven of the Judgment dated February 2, 2001); and
c)
the payment to each of the 270 victims the amount of US$ 3,000 (three thousand
dollars of the United States of America) for non-pecuniary damages (eighth operative paragraph
of the Judgment, February 2, 2001).
AND RESOLVE[D]:
1.
To require that the State take all necessary measures to effectively and promptly comply
with the operative paragraphs still pending compliance that were ordered by the Tribunal in the
Judgment on the merits, reparations, and costs of February 2, 2001, as well as laid out in the
Orders on compliance with the Judgment of November 22, 2002, and June 6, 2003, and in the
[…] Order, in keeping with the stipulations of Article 68(1) of the American Convention on Human
Rights.
3.
The briefs from January 4, March 23 and 31, and November 29, 2006; and
January 22, 2007, through which the State of Panama (hereinafter, “the State”)
addressed the status of compliance with the Judgment rendered in this case.
4.
The briefs from June 13, 2006, and April 5, 2007, through which the InterAmerican Commission of Human Rights (hereinafter “the Commission” or “the InterAmerican Commission”) submitted its comments on the briefs sent by the State and
assessed the status of compliance with the Judgment in this case.
5.
The briefs presented by the victims or their representatives, in which they
present their comments on the briefs sent by the State and addressed the status of
compliance with the Judgment in this case.
6.
The Order of monitoring compliance with the Judgment of November 28,
2005, and the communication of October 10, 2006; January 26, July 17, and October
12, 2007, through which the Tribunal requested that the State submit information on
the operative paragraphs of the Judgment still pending compliance.
CONSIDERING:
1.
That monitoring the compliance with its decisions is an inherent jurisdictional
power of the Court.
2.
That Panama is a State Party to the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) as of June 22, 1978,
and recognized as binding the jurisdiction of the Court on May 9, 1990.
3.
That by virtue of the final and non-appealable nature of the Judgments of the
Court, as established in Article 67 of the American Convention, they must be
promptly complied with by the State in their entirety.
4.
That Article 68(1) of the American Convention stipulates that “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” The obligation of States Parties under the
Convention of prompt compliance with the Court’s decisions binds all the powers and
organs of the State.