9
16.
That CEJIL stated that “most of the […] signatory victims are represented by
our organization; therefore, we respect their will.” However, it pointed out that other
victims represented by them were reluctant to sing the agreement (infra Considering
Clause Number 23).
17.
That the Inter-American Commission noted that in spite of the fact that the
State failed to submit the requested information, Panama filed the agreements
signed by a group of victims and that non-signatory victims expressed their reasons
to the Court. The Commission stated that it is necessary to consider “the rights and
expectations of the aggravated parties regarding compliance with the Judgment,”
whether they have signed the agreement or not. Furthermore, it considered it
arbitrary to link the rights of signatory victims to those of non-signatory victims, and
that the criteria used to determine the amounts set out in the agreements should be
known in order to analyze if they conform to the decision of the Court. It also stated
that “the each victim’s will is key to determining whether the reparation agreed upon
in the agreements filed before the Inter-American system is satisfied.”
18.
That the agreements consisted of a proposal by the State to the victims in the
instant case to fully comply with the obligations deriving from the Judgment, so
those victims or successors agreeing to the proposal consented to and signed the
same.
19.
That the Court notes that a significant number of victims and successors, 202
out of 270 victims in the instant case, signed the aforementioned agreements. Later,
five signatory victims informed the Court, through their representatives, of their
intent to withdraw their consent for not agreeing to the terms of the agreements.
20.
That, pursuant to the purpose of the State and most of the victims, this Court
considers it encouraging that after almost seven years from the Judgment an
agreement to solve all pending issues on reparations has been accorded and adopted
between them and is now under the supervision of the Court.
21.
That, under these circumstances, the role of the Court is to contribute to
solve the dispute between the parties acting within its powers and abiding by
Convention provisions. In the instant case, in view of the meeting of minds set out in
the documents filed with the Court and the need that the Court delivers a decision
rendering the agreements legally effective and that payments are effectively made
(Considering Clause 15, paragraphs 4 and 9), the Court deems it convenient to
approve the agreements signed between the State and a significant number of
victims or successors. Therefore, the State should comply with the obligations under
the agreements in due time and manner for the benefit of the victims or successors
subscribing thereto. To this respect, the Court will keep the monitoring compliance
with Judgment proceedings open in order to receive the receipts of payment to the
signatory victims or successors.
22.
That, concerning those persons who voluntarily decided not to sign the
agreements, any pending dispute will be addressed and solved in a final and prompt