106
said Convention, States Parties engage themselves to apply the recommendations made
by the Commission in its reports.72
193. In any event, once a matter is channeled through the jurisdictional path, the
determination of whether or not the State violated substantive precepts of the
Convention corresponds to the Court and, if affirmative, the Court shall then
establish the consequences of such violations. In the opposite sense, it is not within
the Tribunal’s powers to determine liabilities arising from the procedural conduct of
the State during the proceeding handled before the Commission which constitutes,
precisely, the necessary step prior to the submission of the case to this Court.
XV
APPLICATION OF ARTICLE 63(1)
Arguments of the Commission
194. In its application brief, the Commission, based on Article 10 of the
Convention, requested that the Court find that the State “is obliged to reinstate
individuals in the exercise of their rights, to pay fair compensatory indemnification to
the victims, and to repair the consequences that its violations have generated.” In
like manner, the Commission requested “that the Court establish the payment of the
costs of this proceeding and that it recognise the right of the victims and their
representatives before the Commission and before the Court to be reimbursed for
expenses incurred before the Panamanian authorities and before the inter-American
system bodies.”
195. In response to a request by the Court (supra para. 54), on January 8, 2001,
the Commission submitted a brief to which it attached the documentary evidence
that, in its judgment, supported the request for the payment of costs and expenses
that appeared in its application, as well as the corresponding arguments (supra para.
56, 64 and 84).
196. In said brief, the Commission informed that the expenses incurred to that
date were:
a)
between September, 1991, and November, 1992: US$ 13,936.69
(thirteen thousand nine hundred thirty-six U.S. dollars and sixty-nine cents)
for transportation of the workers of Bayano, Coclé, Colón, Chiriquí and
Panama Metro to Panama City to submit reinstatement applications to the
Conciliation and Decision Boards, to the Labour Courts, and to the Third
Section of the Supreme Court, as well as to file the unconstitutionality action
with the Supreme Court of Panama.
Said amount would include also
expenditures incurred for photocopies and the submission of the claims to the
above-mentioned national departments;
b)
between July, 1994, and March, 1995: US$ 1,994.00 (one thousand
nine hundred ninety-four U.S. dollars) for transport and food expenditures
incurred in handling the case before the Inter-American Commission, as well
as information meetings, stationery, photocopies, and expenses of coordination trips to San Jose, Costa Rica;
72
Loayza-Tamayo Case, supra note 71, para. 80 and 81.
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