8
15.
That after the proposal was made formal through filing of May 3, 2008 report
before the Inter-American Court, Panama, between August and September, 2008,
forwarded to the Court 202 agreements signed by the State and certain victims or
successors, which, in summary, provide for:
1) the amount to be paid to each signatory party “as full reparation for
the violations established by the Inter-American Court of Human
Rights in the Judgment of February 2, 2001 […].” Moreover, it details
the sum of each agreement including "the unpaid benefits amounting
to ONE MILLION NINE HUNDRED THIRTY-TWO THOUSAND THIRTEEN
BALBOAS AND THIRTEEN CENTS (B/1,932,013.13)" (first clause);
2) that the victim or, in turn, the successor declares that he/she
"understands and consents […] that the sum [detailed in the first
clause] equals the total amount due to [him/her] by THE STATE under
the Judgment […]” and that “payment thereof entails full reparation of
the damage caused by the violations attributed to the STATE” (second
clause);
3) that each signatory party agrees that the payment completes “in
full the rights referred to in the Judgment, [corresponding to] unpaid
salaries and further labor rights under Panamanian laws; moral
damage, legal costs and expenses and any other amount deriving from
the case” (third clause);
4) that the sum will be paid out in four annual installments, as from
September 2008 up to September 2011, “once [the agreement] has
been approved by the Inter-American Court of Human Rights" (fourth
clause);
5) the signatory party declares that “all of [his/her] rights are fully
satisfied and [he/she] has no further claims whatsoever, either present
or future, with regard to the rights acknowledged in the Judgment"
(fifth clause);
6) that “payment by THE STATE of the additional sum for unpaid
benefit difference payable in full together with the first installment […]
shall render the Order of the Ministry of Economy and Finance
referring to income tax refund ineffective” (sixth clause);
7) that the State shall consign the amounts due to non-signatory
victims in separate bank accounts. The State shall allocate the
amounts once the victims or successors sign the agreement (seventh
clause);
8) that the parties agree that "the Inter-American Court of Human
Rights shall monitor the agreement" (eighth clause); and
9) that the State and the signatory party agree “that the agreement
shall only be in effect once approved by the Inter-American Court of
Human Rights" (ninth clause).