3
f)
the 270 dismissed workers presented their claims in accordance with
the laws in force; however, these claims were processed under the procedure
created by Law 25, under the argument that the former laws had been
annulled or partially modified.
III
PROCEEDINGS BEFORE THE COMMISSION
3.
On February 22, 1994, the Secretariat of the Commission received a petition
from the Panamanian Human Rights Committee on behalf of 270 public employees
dismissed as a consequence of Law 25 of December 14, 1990. On July 6, 1994, the
Commission informed the State of the petition and requested it to present the
corresponding information within 90 days.
4.
On July 24 and October 19, 1994, the Commission sent the State additional
information presented by the complainant and, in the latter communication,
requested it to adopt the pertinent measures to present all its reports within 60
days.
5.
On September 9, 1994, Panama presented its reply to the Commission, which
forwarded it to the complainant on October 25, 1994, and on January 24, 1995, the
complainant presented its observations to this document, which were forwarded to
the State on January 31, 1995.
6.
On February 14, 1995, the State presented its observations to the additional
information that the Commission had forwarded on October 19, 1994, and on March
1, 1995, the Commission forwarded them to complainant.
7.
On April 7, 1995, the Commission made itself available to the parties in order
to reach a friendly settlement. Although both the State and the petitioners informed
the Commission that they were interested in reaching a friendly settlement, after
almost three years during which three meetings were held to try and reach a
settlement, “the Commission considered that the action for settlement had been
exhausted and initiated the legal proceeding”.
8.
On October 16, 1997, during its 97th session, the Commission approved
Report No. 37/97, which was forwarded to the State on October 17, 1997. In this
report, the Commission concluded:
148.
That the acts of the State public authorities by which the Legislative Assembly
adopted Law 25 of December 14, 1990, the Judiciary declared that it was almost
completely constitutional and the Executive applied it and on the basis of which the
human rights of the petitioners were violated and all their claims were rejected are
incompatible with the provisions of the American Convention on Human Rights.
149.
That, with regard to the 270 persons in whose name this case has been filed,
the State of Panama has failed to comply with its obligations under the following
provisions of the American Convention on Human Rights: Article 8 (Right to a Fair Trial),
Article 9 (Freedom from Ex Post Facto Laws), Article 10 (Right to Compensation), Article
15 (Right of Assembly), Article 16 (Freedom of Association)), Article 24 (Right to Equal
Protection), and Article 25 (Right to Judicial Protection).
150.
That, with regard to these same persons, the State of Panama has failed to
comply with its obligation to recognize and guarantee the rights contained in Articles 8
and 25, in relation to Article 1.1 and 2 of the American Convention on Human Rights, to
which Panama is a State Party.