6
10.
That the Organización de Trabajadores Víctimas de la Ley 25 failed to submit its
observations to the State’s report. However, in various other submissions prior to the
report, they voiced their dissatisfaction with the agreements and with the Court’s approval
of them. Additionally, they requested that the Court order the State to provide the
organization with detailed information about the parameters, formulas and legislation used
in calculating the individual amounts for each non-signatory victim. Furthermore, they
stated to the Court that they required the Ministry of Labor to provide information on the
legislation used to calculate the amount to be paid to the workers who had not signed the
agreements, and that they commenced proceedings before the domestic courts, including
the application to the Supreme Court of Justice of Panama for a writ of habeas data on
December 31, 2008, in view of the Ministry of Labor’s failure to address said request for
information.
11.
That the Inter-American Commission pointed out that “it has received observations
from various groups of victims who challenged the agreement-settlement submitted by the
State”. However, it stated that “given the court approval of the agreements, the State
submitted a copy of the receipts of payment to the victims or their signatory successors and
that, with regard to the non-signatory victims, [Panama] has failed to make the deposit or
inform about the possible talks to reach an agreement with them. Thus, with respect to the
matter subject to supervision by the Court —that is, only the submission of payment
receipts—[the Commission] has no further observations”.
*
*
*
12.
Pursuant to the information and documents submitted by the parties, the Tribunal
notes that 262 out of the 270 victims or their successors signed the agreements. Two of
them have failed to withdraw their checks (supra Considering clause No. 8) and, as regards
other five, it must be confirmed whether they have withdrawn their check without any
hassles (supra Considering clause No. 9). Based on the foregoing, the Inter-American Court
concludes that 255 victims have received their check for the first of the four annual
payments that the State must make, although final conclusions are still due regarding the
seven people mentioned above.
13.
Based on CEJIL’s observations on five of those seven cases (supra Considering
clause No. 9), the Court notes that those people are represented by CEJIL, so it must be
required to submit the information regarding what happened with the withdrawal of those
checks. Notwithstanding the foregoing, the Court deems it convenient that Panama in its
next report makes reference to this situation and confirms whether the persons mentioned
in CEJIL’s submission did receive the check for the first annual disbursement. Additionally,
the State shall submit updated information about the two persons who signed the
agreement but have not yet withdrawn their checks.
*
*
*