53
82.
Concerning the note submitted by Mr. Jean-Michel Arrighi, Director of the
International Law Department of the OAS, concerning the suspension of guarantees
of the Convention, the Tribunal adds it to the entirety of the evidence (supra para.
30 and 63).
83.
The Court deems useful the two judgments of the Supreme Court of Panama
that mention Article 8 of the American Convention and that refer to the applicability
of international law in Panamanian internal law, which were submitted by the State
during the public hearing on the merits, and it proceeds to add them to the entirety
of the evidence on the basis of Article 44(1) of the Rules of Procedure.
84.
In its brief of observations to the request of the Commission concerning costs
and expenditures (supra para. 56 and 64) the State expressed opposition to the
evidence submitted by the Commission because “none of the photocopies of the
documents submitted […] as evidence proves that any or all of the 270 complainants
would have incurred any expense on the occasion of these proceedings [and that
said] photocopies [are] not authenticated.”
85.
In this respect, and following the same criteria expressed in preceding
paragraphs (supra para. 76 and 77), the Court rejects the objection filed by the
State and instructs the incorporation into the entirety of the evidence of the
documents to which objection was expressed, which shall be evaluated in conformity
with criteria already defined by the Tribunal.
*
*
*
86.
As to the testimonial evidence received, to which no objection or contestation
was expressed, the Court admits it only to the extent that it meets the purpose of
the interrogation.
87.
Concerning the reports of the experts offered by the parties, to which no
objection or contestation was expressed, the Tribunal admits them and recognises
them as evidence.
VII
FACTS PROVEN
88.
As a result of the examination of the documents, the statements of witnesses,
the reports of the experts, and the expressions formulated by the State and by the
Commission in the course of the proceedings, this Court considers as proven the
following facts:
Before the passing of Law 25
a.
on October 16, 1990, the Co-ordinating Organisation of State Enterprise
Workers Unions submitted to the Government of Panama, which at the time was
presided over by Mr. Guillermo Endara-Galimany, a petition with 13 items, to wit:
non-privatisation of State enterprises; derogation of the laws that reformed the
Labour Code; halting of the dismissals and immediate reinstatement of the leaders
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