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with the violations of the substantive rights pointed out in the preceding operative
items of this Judgment.
6.
Decides that the State must pay to the 270 workers mentioned in paragraph
4 of this Judgment, the amounts that correspond to unpaid salaries and other labour
rights applicable according to its legislation, which payment must, in the case of
deceased workers, be made to their beneficiaries. In accordance with the pertinent
national procedures, the State shall fix the respective indemnification, in order for
the victims and, if applicable, their beneficiaries, to receive it within a maximum
term of 12 months from the date of notification of this Judgment.
7.
Decides that the State must reinstate the 270 workers mentioned in
paragraph 4 of this Judgment in their positions, and should this not be possible, that
it must provide employment alternatives where the conditions, salaries and
remunerations that they had at the time that they were dismissed are respected. In
the event that, likewise, the latter is not possible, the State shall proceed to pay the
indemnity that corresponds to the termination of employment, in conformity with the
internal labour law. In like manner, the State shall provide pension or retirement
retribution as applicable to the beneficiaries of victims who may have passed away.
The State shall comply with the obligations established in this operative item within a
maximum term of 12 months from the date of notification of this Judgment.
8.
Decides, for the sake of equitableness, that the State must pay each of the
270 workers mentioned in paragraph 4 of this Judgment the amount of US$3,000
(three thousand U.S. dollars) for moral damages. The State shall comply with the
obligations established in this operative item within a maximum term of 90 days
from the date of notification of this Judgment.
9.
Decides, for the sake of equitableness, that the State must pay the group of
270 workers mentioned in paragraph 4 of this Judgment the amount of US$100,000
(one hundred thousand U.S. dollars) as reimbursement for expenses generated by
the steps taken by the victims and their representatives, and the amount of
US$20,000 (twenty thousand U.S. dollars) as reimbursement for costs, from internal
proceedings and the international proceeding before the Inter-American protection
system. These amounts shall be paid through the Inter-American Commission on
Human Rights.
10.
Decides that it shall supervise compliance with this Judgment and that it shall
close the case only after such compliance.
Done in Spanish and in English, the Spanish text being authentic, in San Jose, Costa
Rica, on February 2, 2001.
Antônio A. Cançado Trindade
President
Máximo Pacheco-Gómez
Oliver Jackman
Hernán Salgado-Pesantes
Alirio Abreu-Burelli
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