Order of the President of the
Inter-American Court of Human Rights
of February 11, 2008
Case of Baena Ricardo et al.
(270 Workers v. Panama)
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on the merits, reparations and costs issued by the InterAmerican Court of Human Rights (hereinafter “the Court,” “the Inter-American
Court,” or “the Tribunal”) in the case of Baena Ricardo et al., February 2, 2001
(hereinafter “the Judgment”).
2.
The Orders on monitoring compliance with the Judgment issued by the Court
on June 21, 2002; November 22, 2002; June 6, 2003; and November 28, 2005. In
the latter Order, the Tribunal:
DECLAR[ED]:
1.
That in accordance with Considering paragraph 27 of the […] Order, the State has fully
complied with the obligation of paying the 270 victims the lump sum of US$ 100,000.00 (one
hundred thousand dollars of the United States of America) as reimbursement for expenses, as
well as US$ 20,000.00 (twenty thousand dollars of the United States of America) for the
reimbursement of costs (ninth operative paragraph of the Judgment of February 2, 2001).
2.
That in accordance with Considering paragraph 28 of the […] Order, the Inter-American
Commission reimbursed the victims and their representatives to the amount of US$ 120,000.00
(one hundred and twenty thousand dollars of the United States of America), paid by the State for
costs and expenses, as of which the ninth operative paragraph of the Judgment of Febrary 2,
2005, has been fully complied with.
3.
That in accordance with Considering paragraph 29 of the Order, the State has partially
complied with:
a)
the payment to the 270 victims of the amounts corresponding to lost salaries and other
employment rights that they had claim to according to law, payment that, in the case of workers
who may have passed away, should be made to their next of kin (sixth operating paragraph of
the Judgment of February 2, 2001); and
b)
the payment to the 270 victims of the amount of US$ 3,000 (three thousand dollars of
the United States of America) for non-pecuniary damages (eighth operative paragraph of the
Judgment, February 2, 2001).
4.
That the proceedure for the monitoring of compliance will remain open with regard to
the operative paragraphs of the Judgment still pending compliance in the present case, in
accordance with Considering paragraph 30 of the Order, namely:
a)
payment to to the 270 victims of the amounts that correspond to the lost salaries and
other employment rights that they had claim to according to law, payment that, in the event that
some workers have passed away, should be made to their next of kin (sixth operative paragraph
of the Judgment of February 2, 2001);
b)
the reinstatement of the 270 victims in their original positions, and if that is not
possible, the offering of alternative employement that meets the conditions, salaries, and
compensation they had at the moment of being fired. In the event that this is not possible either,
the State must proceed with the payment of compensation that corresponds to the termination of
employment, in keeping with internal labor laws. In the same way, the State must provide to