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domestic judgment of June 6, 1997, is pending and, therefore, not all of them would
benefit from the compensations provided for by this Court in the Judgment.
c)
Victims whose names are listed in the evidence submitted to this Court
54.
This category includes the domestic judgments referring to beneficiaries
whose names were not listed in the writ of amparo [protection of constitutional
guarantees and right] or in the domestic judgment because the applications were
filed by the Union on behalf of its members.
55.
This group includes the judgments of February 6, 1997 and November 16,
1998, which have been considered by the Court in paragraphs 36 to 43 of the instant
Judgment and to which it hereby refers.
56.
As indicated above (supra paras. 38 to 41), in order to make the list of
victims of the judgments of February 6, 1997 and November 16, 1998, the Court
took into account the above-mentioned dismissal orders submitted to the Court
evidencing that those workers were dismissed under Resolutions No. 033-A-96 and
No. 525 (which were declared inapplicable under the domestic judgments). The
names of those individuals are listed in the schedule of victims attached to the
Judgment of the Court of February 7, 2006.
57.
It is necessary to highlight that the provisions of paragraphs 47 to 49 of the
instant Judgment, regarding the decisions to be adopted by the domestic courts with
jurisdiction to enforce judgments, are also applicable to the judgments of February 6,
1997 and November 16, 1998, according to paragraphs 254 to 259 of the Judgment
of the Court of February 7, 2006.
58.
According to what has been explained in paragraph 48 of the instant
Judgment, it is to be inferred that, at the time of the Judgment of February 7, 2006,
this Court considered that it was probable that the judgments of February 06, 1997
and November 16, 1998, were partially or totally executed regarding to the 399
persons identified as victims therein, and whose names are listed in the schedule of
victims attached to the Judgment of February 7, 2006. Therefore, in paragraph 259
of the Judgment of February 7, 2006, the Court established that the domestic courts
with jurisdiction to enforce the judgments must adopt a final decision on the matter
of who are the workers regarding to whom the partial or total compliance with the
judgments is still pending. In other words, said individuals are victims of the noncompliance with the domestic judgments, but in the above-mentioned
determinations, the domestic courts might find that there are fewer persons
regarding to whom the compliance with the domestic judgments of February 06,
1997 and November 16, 1998, is pending and, therefore, not all of them would
benefit from the compensations provided for by this Court in the Judgment.
d)
Victims who must be determined by the domestic courts with
jurisdiction to enforce domestic judgments