5
25 (Right to Judicial Protection) in relation to Articles 1.1, 2 and 33 and 50.2 (Duty
of the State to comply in good faith with the recommendations issued by the
Commission in its reports).
Furthermore, it requested the Court to declare that Law 25 and the provision
contained in Article 43 of the Panamanian Constitution are contrary to the
Convention, because they allow laws to be retroactive and that, in consequence,
they should be modified or repealed in accordance with Article 2 of the said
Convention. The Commission also requested the Court to require the State to
reestablish the 270 workers in the exercise of their rights and to make reparations to
and compensate the victims or their families for the acts committed by its agents, as
established in Article 63.1 of the Convention.
Lastly, the Commission requested that the State should be condemned to pay the
costs and expenses of the proceeding.
12.
The Commission appointed Carlos Ayala Corao and Hélio Bicudo as its
Delegates, Jorge E. Taiana and Manuel Velasco-Clark as its Advisors, and Minerva
Gómez, Ariel Dulitzky, Viviana Krsticevic and Marcela Matamoros as their assistants.
In a note received by the Secretariat of the Court (hereinafter “the Secretariat”) on
June 18, 1998, Marcela Matamoros advised that she was withdrawing from the
instant case.
13.
On January 28, 1998, once the President of the Court (hereinafter “the
President”) had made a preliminary examination of the application, the Secretariat
notified it to the State, and informed it of the time limits for replying to it, opposing
preliminary objections and appointing its representatives. Moreover, the State was
invited to name a Judge ad hoc.
14.
On February 20, 1998, Panama appointed Rolando Adolfo Reyna Rodríguez as
the Judge ad hoc.
15.
On February 27, 1998, the State appointed Carlos Vargas Pizarro as its Agent.
16.
After having requested two extensions to the period for
preliminary objections, the State filed the following on April 17, 1998:
presenting
1.
Inadmissibility of the application owing to non-compliance with the
provisions of Article 51 of the Convention, which state that in order to refer a
contested case to the Court, the Commission must adopt the respective
resolution;
2.
Inadmissibility of the application because the subject of the application
is the replication of a petition that has already been examined by the
International Labor Organization (hereinafter “the ILO”);
3.
Inadmissibility of the application because the Commission has violated
the rule of confidentiality, by transmitting a copy of Report No. 37/97 to the
petitioners;
4.
Expiry of the application filed before the Court;
and requested that the Court should declare the application inadmissible and order
the case to be closed.