5
11.
The Inter-American Commission summarized various requests it had received
from some of the victims in this case and added that “during the procedure of
monitoring compliance […it] had received observations from various groups of victims
who contested the settlement agreement submitted by the State.” Furthermore, with
regard to the purpose of monitoring compliance in the case, it indicated “that [the
purpose was] merely for the presentation of the payment receipts, […] that it [did] not
have information regarding possible rapprochements to reach an agreement with the
victims who had not signed the settlement and that, regarding the payments made, it
ha[d] no observations to make.”
12.
The Court recalls that, in the Order of May 28, 2010,6 it noted that, of the 270
victims in the case, 266 of them or their heirs had signed the agreements, and 265 of
them had withdrawn the cheques corresponding to the first payment. Therefore,
Panama still needed to confirm whether the remaining five persons had withdrawn
their cheques. Regarding this first payment, from the information and documentation
presented by the parties, the Court observes that two of these five persons had
withdrawn the amount that corresponded to them, because they are victims who had
not signed the agreement originally and then signed it over the last year and
proceeded to exchange the guarantee certificates issued in their name for the first
payment. The State furnished a copy of the signed agreements and of the
endorsement of the said guarantee certificates. Consequently, the Court notes that, of
the 270 victims in this case, 268 of them or their heirs have signed the agreements
and, of these, 267 victims have withdrawn the cheques corresponding to the first
payment.
13.
Regarding the second payment made by Panama, the Court recalls that, in the
Order of May 28, 2010,7 it noted that 262 of the 266 victims or heirs who had signed
the agreement had received their cheques. Also, the Court was awaiting further
information from the State regarding: (a) the victim who had signed the agreement
and who did not withdraw the cheques for the first and second payment, and in favor
of whom two guarantee certificates were issued; and (b) those deceased victims whose
payments were not made because the declaration of their heirs was pending.
Regarding the second payment, based on the information and documentation provided
by the parties, the Court observes that, one victim who signed the agreement has still
not exchanged either of the two guarantee certificates issued in his/her favor for the
first and second payment. It also observes that two victims who had not signed the
agreement originally, signed it during the past year and the guarantee certificates
corresponding to the first and second payments have been endorsed in their favor
(supra twelfth considering paragraph). In addition, it has verified that, in the cases of
deceased victims in which the declaration of their heirs was pending, the heirs have
been determined and the corresponding payments made. Consequently, the Court
notes that, of the 270 victims in this case, 268 of them or their heirs have signed the
agreements, and 267 of them have withdrawn the cheques corresponding to the
second payment.
14.
Regarding the third of the four payments that the State must make, from the
documentation and information forwarded by the parties, the Court notes that, to date,
one of the victims who signed the agreement has still not withdrawn any of the three
6
Cf. Case of Baena Ricardo et al. v. Panama. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights of May 28, 2010, twelfth considering paragraph.
7
Cf. Case of Baena Ricardo et al. v. Panama, supra note 6, thirteenth and fourteenth considering
paragraphs.