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b)
The fact that the State paid the amount corresponding to nonpecuniary damage after the time limit had passed; that it established the
pecuniary compensation without justification or normative support; that it
disregarded the applicable domestic legislation (which would be the
legislation in force at the time of the violations) when it established the
compensation based on arbitrary criteria, and that it subtracted income tax
from the compensation, caused the Court, in the Order of November 22,
2002, “to remind the State of the terms of the reparation that it had ordered
in its judgment of February 2001”;
c)
Since “Panama questioned the authority of the Court to monitor
compliance with its judgments,” the latter “proceeded to ratify its decisions in
the Order of June 6, 2003”;
d)
The Orders of the Court of November 22, 2002, and June 6, 2003,
“did not modify the judgment of the Court, but clarified its scope in light of
the State’s conduct.” The Court clarified how the reparations it had ordered
should be executed, “they are orders to ensure compliance and were never
intended to interpret the judgment of February 2001”;
e)
Article 68(1) of the Convention “refers to the fact that the decisions
[Note: translated as “judgments” in the English version] of the Court are
obligatory, without distinguishing whether they are judgments, provisional
measures, or any other type of decisions, so that they may be extended to
any type of resolution issued by the Court that explicitly entails some kind of
obligation for the State”;
f)
The State’s voluntary acceptance of the competence of the Court and
its commitment to respect the American Convention, particularly Article 68
thereof, signifies that “States must adopt at the domestic level all those
mechanisms of domestic law that ensure the faithful execution of the
judgments of the Inter-American Court in order to comply with the purpose
and goals of the Convention”. That is to say, there is a State commitment
that the treaty provisions will be effective in domestic law, and this
affirmation is consequent with the pacta sunt servanda principle established
in the Vienna Convention on the Law of Treaties.
g)
Panama cannot interpret the Convention or the Order of the Court to
the detriment of the rights of the victims. If the State fails to comply with
the decisions of the Court in its orders of November 2002 and June 2003,
“not only is it disregarding its express acceptance of the competence of the
Court, but it is also incurring in a new violation of the American Convention,
contained in Article 68(1)”;
h)
The Court “has the authority to determine any aspect relating to its
own competence and this is an obligation imposed by the American
Convention itself, so that it may exercise its functions as the supreme body
for monitoring human rights in the region”;
i)
“The Court, as the maximum and only court of justice for human
rights in the region, cannot waive this authority and, as part of it, has the
obligation to monitor compliance with its judgments. This is why in its
judgments, the Court has always decided to monitor compliance with them