108
c)
in the event of a sentence it requests the Court to grant a term of six
months for the parties to arrive at an agreement on reparations and costs;
d)
the Commission did not provide evidence to prove that one or all of
the 270 victims would have personally incurred expenses or costs on account
of the instant proceeding;
e)
from the evidence provided it can be concluded that the Workers Union
of the IRHE (SITIRHE) covered through donations all the expenditures
incurred by the petitioners. The Panamanian legislation provides to labour
unions a number of privileges in order for them to be able to perform their
duties, such as exempting their income from income tax, and the assurance
that, pursuant to the Labour Code, the funds and assets of the labour unions
be safe from garnishment; and
f)
the expectation that the amount of US$ 150,000 (one hundred fifty
thousand U.S. dollars) be recognised as legal fees due to Ms. Minerva Gómez
“for allegedly having performed work that the Commission was supposed to
perform,” is “inopportune.” Furthermore, during the proceeding Ms. Gómez
was never introduced as a law professinal who provided services to the
parties to the case, but as part of the team of the Centre for Justice and
International Law (CEJIL).
*
*
*
Considerations of the Court
200.
Article 63(1) of the American Convention establishes that
[i]f the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.
201. This Tribunal has reiterated in its constant jurisprudence as a principle of
international law that any violation of an international obligation that has caused
damage carries with it the obligation to repair it adequately.73
202. The reparation of the damage caused by the failure to comply with an
international obligation demands full restitution (restitutio in integrum), which
consists of the re-establishment of the preceding status and of the reparation of the
consequences caused by such failure to comply, as well as the payment of
indemnification as compensation for the damage caused.74
73
cfr. Case of the Constitutional Court, supra note 7, para. 118. Suárez-Rosero Case, Reparations
(Art. 63.1, American Convention on Human Rights). Judgment of January 20, 1999. Series C N° 44,
para. 40. In the same sense, cfr. Factory at Chorzów, Jurisdiction, Judgment N° 8, 1927, P.C..I.J., Series
A. N° 9, page 21; Factory at Chorzów, Merits, Judgment N° 13, 1928, P.C.I.J., Series A. N° 17, page 29;
Reparations for Injuries Suffered in the Service of the United Nations, Advisory Opinion, I.C.J. Reports
1949, page 184.
74
cfr. Case of the Constitutional Court, supra note 7, para. 119.
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