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c. Chile
The “The Last Temptation of Christ” (Olmedo Bustos and Others) Case
270.
The Republic of Chile, the
victims, and their representatives, presented information to the
Inter-American Court on the full implementation of the judgment handed
down by the Court on February 5, 2001, with relation to the ban on the
showing of the film “The Last Temptation of Christ”. In its
resolution of November 28, 2002, the Inter-American Court affirmed
that the Republic of Chile had complied with the fifth resolve of the
judgment on the case through the payment of the sums fixed for costs
and expenses. In relation to the fulfillment of the rest of the
compensation ordered in the judgment, the Court indicated that:
1.
The State has the duty to
take all necessary measures to give simple and prompt compliance to
the judgment of February 5, 2001, handed down by the Inter-American
Court of Human Rights in the case of
“The Last Temptation of
Christ”, in accordance with the provisions of Article 68.1 of
the American Convention on Human Rights.
271.
The Office of the Rapporteur
for the Freedom of Expression in the Americas has responded that on
October 30, 2002, the bill for the elimination of film censorship was
approved by the Senate after ten years of legislative proceedings and
promulgated by President Ricardo Lagos in December 2002, and that it
was in force from its publication on January 4, 2003. According to
information appearing in the press, since then the film “The Last
Temptation of Christ” has been approved for exhibition to people of
18 years and above.
d.
Colombia
The
19 Traders (Alvaro Lobo Pacheco et al.) Case
272.
In June 2002, a public
hearing was held for the purpose of hearing argument from the
Inter-American Commission and the Colombian Republic in relation to
the objections to the jurisdiction of the inter-American Court made by
the State at the stage of preliminary exceptions in the Case of the
Nineteen Traders. On June
12, 2002, the Inter-American Court, decided unanimously to set aside
the preliminary exception interposed by the State and to continue with
its examination of the merits of the case.
The
Las Palmeras Case
273.
On June 14, 2002, the
Inter-American Court held a public hearing for the purpose of hearing
arguments and testimony presented by representatives of the victims,
the Commission, and the Republic of Colombia, in relation to
compensation owed in the Las Palmeras Case.
On August 26, 2002, the parties presented their final arguments
on compensation. Finally, through resolution of November 26, 2002, the
Court pronounced its judgment on reparation and ordered unanimously:
1.
That in accordance with
paragraphs 67 and 70 of the present judgment, the State must conclude
effectively the criminal case in course for the acts relative to the
death of the victims and which occasioned the violations of the
American Convention in the present case, and must identify those
responsible materially and intellectually as well as possible
accessories, and punish them, and publish the result of the trial.
2.
That the State must, in
accordance with paragraphs 71 to 73 of the present judgment, take all
the necessary efforts to identify N.N./Moisés within a reasonable
period as well as identify, exhume, and deliver his remains to his
family. In addition, the State must employ all necessary means to find
the relatives of N.N./Moisés by publishing on, at least three days
that should not be consecutive, by radio, by television, and by press,
all with national coverage, an announcement that they are being sought
in order to award them compensation in relation to the facts of the
instant case, which occurred on January 23, 1991 in the village Las
Palmeras, in the municipality of Mocoa, Putumayo.
3.
That the State must publish
once in the Official Gazette and in a press communiqué from the
national police and the armed forces of Colombia the judgment in the
case rendered on December 6, 2001 by the Court, and Chapter 6 entitled
Minutes from the present judgment as well as the operative items 1-4
pursuant to paragraph 75 of this Judgment.
4.
That the State shall return
the remains of Hernán Lizcano Jacanamijoy to his family so that they
may give him appropriate burial in accordance with paragraphs 76 and
77 of the present Judgment.
5.
That the State of Colombia
must pay the sum of US$100.000.00 (one hundred thousand US Dollars) or
its equivalent in Colombian currency, which shall be delivered to the
next of kin of N.N./Moisés, who shall present themselves to the State
within 24 months of the identification of the said person and furnish
authentic proof of their relationship to the victim, to receive
payment of the corresponding reparation, in accordance with paragraph
47 of the present Judgment.
6.
That the State of Colombia
must pay the sum of US$139,000.00 (one hundred and thirty-nine
thousand US Dollars) or its equivalent in Colombian currency, which
corresponds to the compensation for damages relating to the violation
of Articles 8.1 and 25.1 of the American Convention on Human Rights.
This sum shall be delivered to the next of kin of Julio Milciades
Cerón Rojas, Wilian Hamilton Cerón Rojas, Edebraes Norverto Cerón
Rojas, Hernán Javier Muchavisoy and Artemio Pantoja Ordoñez, in
accordance with paragraphs 56 and 58 of the present Judgment.
7.
That the State of Colombia
must pay the total sum of US$14,500.00 (fourteen thousand five hundred
US Dollars) or its equivalent in Colombian currency, which corresponds
to the compensation for injury in relation to the violation of
Articles 8.1 and 25.1 of the American Convention on Human Rights. This
sum shall be delivered to the next of kin of Hernán Lizcano
Janacamijoy, in accordance with paragraphs 59 and 60 of the present
Judgment.
8.
That the state of Colombia,
pursuant to paragraph 61 of the present Judgment, shall pay the sum of
US$6,000.00 (six thousand US Dollars) or if appropriate, the sum of
US$2,500.00 (two thousand five hundred US Dollars) or its equivalent,
as appropriate.
9.
That the State of Colombia
must pay in accordance with paragraph 84 of the present Judgment, as
restitution of costs and expenses, to the Colombian Commission of
Jurists [Comisión Colombiana de Juristas], the sum of
US$50,000.00 (fifty thousand US Dollars) or its equivalent in
Colombian currency and US$1,000.00 (one thousand US Dollars) or its
equivalent in Colombian currency to the Center for Justice and
International Law (CEJIL).
10.
That the payments ordered in
the present judgment shall be exempt of any current or future levy or
tax.
11.
That the State of Colombia
must fulfill the reparation measures ordered in the present judgment
within six months of notification of the same, except as indicated in
paragraphs 47 and 61.
The
Caballero Delgado and Santana Case
274.
The Republic of Colombia, the
representatives of the victims, and the Commission continued
presenting follow-up reports on the full implementation of the
judgment on reparation handed down by the Inter-American Court in the
Isidro Caballero Delgado and María del Carmen Santana Case. On
November 27, 2002, the Court issued a decision on compliance in which
it established that the State has paid the principal amount of
reparation for moral damage due to Ms. Ana Vitelma Ortiz, mother of
María del Carmen Santana. However, from the resolution it emerges
that the interest accrued from the time of the judgment until the time
of effective payment has not been paid.
The Court noted with concern that the location of the remains
of the victims and their delivery to the next of kin, as well as the
trial of those responsible for the violations established in the
judgment of the case, are still pending. In this respect, it resolved
that:
1.
The State has the duty to
take all necessary measures to give effect to and prompt compliance of
the judgment of January 29, 1997, given by the Inter-American Court of
Human Rights in the Caballero Delgado and Santana Case in accordance
with the provisions of Article 68(1) of the American Convention on
Human Rights.
e.
Ecuador
The
Benavides Cevallos Case
275.
Through its Decision of
November 27, 2002, the Court decided:
1.
That the State has the
obligation to take all measures that may be necessary to give prompt
compliance of the judgment of June 19, 1998, handed down by the
Inter-American Court of Human Rights in the Benavides Cevallos case,
in accordance with the provisions of Article 68.1 of the American
Convention on Human Rights.
f.
Guatemala
The
Bámaca Velásquez case
276.
On February 22, 2002 the
Court gave its judgment on compensation. In it, it decided
unanimously:
1.
That the State must find the
mortal remains of Efraín Bámaca Velásquez, disinter them in the
presence of his widow and family, as well as hand them pver to the
latter, in accordance with paragraphs 81, 82, and 96 of the […]
Judgment.
2.
That the State must
investigate the acts that brought about violations of the American
Convention on Human Rights and the Inter-American Convention to
Prevent and Punish Torture in the present case, must identify and
punish those responsible, as well as publish the results of the
respective investigation in accordance with paragraphs 73-78 and 87 of
the Judgment.
3.
That the State must publish
in the Official Gazette and once in another national daily, the
chapter that refers to the proven facts and the resolve of the
judgment on the case given on November 25, 2000, and make a public act
admitting its responsibility to the facts in this case and of
compensation to the victims.
4.
That the State must adopt
such legislative or other sort of measures as may be necessary to
align Guatemalan domestic law with international laws on human rights
and humanitarian law, and to give full effect to the said norms
internally, in accordance with Article 2 of the American Convention on
Human Rights.
5.
That the State must pay in
respect of moral damages:
a) The amount of US$100,000.00
(one hundred thousand US Dollars) or its equivalent in Guatemalan
currency, to be distributed in equal parts between Mr. José León
Bámaca Hernández, Ms. Egidia Gebia Bámaca Velásquez, Ms. Josefina
Bámaca Velásquez, and Jennifer Harbury in their condition as
entitled persons of Efraín Bámaca Velásquez, in accordance with
paragraphs 62, 66, 67, and 53 of the […] Judgment.
b) To Jennifer Harbury the sum
of US$80,000.00 (eighty thousand US Dollars) or its equivalent in
Guatemalan currency, in accordance with paragraphs 65.a), and 66 of
the […] Judgment.
c) To José León Bámaca
Hernández, the amount of US$25,000.00 (twenty-five thousand US
Dollars) or its equivalent in Guatemalan currency, in accordance with
paragraphs 65.b), and 66 of the […] Judgment.
d) To Egidia Gebia Bámaca
Velásquez, the amount of US$20,000.00 (twenty thousand US Dollars) or
its equivalent in Guatemalan currency, in accordance with paragraphs
65.b) and 66 of the […] Judgment.
e)
To Josefina Bámaca
Velásquez, the amount of US$20,000.00 (twenty thousand US Dollars) or
its equivalent in Guatemalan currency, in accordance with paragraphs
65.b) and 66 of the […] Judgment.
f) To Alberta Velásquez, the
amount of US$5,000.00 (five thousand US Dollars) or its equivalent in
Guatemalan currency, in accordance with paragraphs 65.c), and 66 of
the […] Judgment.
6.
That the State must pay as
material compensation:
a) The sum of US$100,000.00 (one
hundred thousand US Dollars) or its equivalent in Guatemalan currency,
to be distributed in even parts between José León Bámaca Hernández
and Ms. Egidia Gebia Bámaca Velásquez, Ms. Josefina Bámaca
Velásquez, and Jennifer Harbury, in their condition
of entitled persons in relation to Efraín Bámaca Velásquez,
in accordance with paragraphs 51, 53, and 55 of the […] Judgment.
b)
To Jennifer Harbury the
amount of US$125,000.00 (one hundred and twenty-five thousand US
Dollars) or its equivalent in Guatemalan currency, corresponding to
the income she failed to receive during the period from March 12, 1992
until January 1997, for her expenses incurred through ill health
caused by the effects of the case and the expenses she incurred trying
to identify the whereabouts of Efraín Bámaca Velásquez, in
accordance with paragraphs 54 and 55 of the […] judgment.
7.
That the State must pay as
costs and expenses the sum of US$23,000.00 (twenty-three thousand US
Dollars) or its equivalent in Guatemalan currency, to the family
members and representatives of the victims, in accordance with
paragraph 91 of the […] judgment.
8.
That the State must comply
with the compensatory measures ordered in the […] judgment within
six months counting from the notification of the same.
9.
That the payments determined
in the […] […] Judgment shall be exempt from any current or future
tax or charge.
The Mirna Mack Case
277.
On August 29, 2002, the
Inter-American Court forwarded to the Commission the document signed
by the representatives of the alleged victim and addressed to the
Inter-American Court “to challenge Mr.
Francisco Villagrán
Kramer’s appointment as ad hoc judge.”
In briefs dated
September 4 and October 1, 2002, the Commission conveyed to the Court
its observations on the document sent by the representatives of the
victim, stating its position regarding the inadmissibility of
appointing an ad hoc judge in the instant case and on the validity of
the objection presented, respectively.
In a note dated October 3, 2002, the Court informed the
Commission of the decision by the Guatemalan State to appoint Mr.
Arturo Martínez Gálvez instead of Dr.
Francisco Villagrán
Kramer. On November 30,
2002, the Court issued a Decision convening the representatives of the
victim, the IACHR, and the Guatemalan State to the public hearing to
take place on February 18, 2002 to hear the oral arguments of the
parties on preliminary objections, the merits of the case, and
reparation, as well as witnesses and expert witnesses.
The Maritza Urrutia Case
278.
On January 9, 2002 the
Inter-American Commission submitted for the consideration of the
Court, in accordance with Article 51 of the American Convention on
Human Rights, the Maritza Urrutia, (Nº 11.043) vs. Guatemala Case.
The said request relates to the alleged arbitrary detention and
torture of Maritza Ninette Urrutia García, “who was imprisoned in a
clandestine detention center for eight days and was forced to publish
a communiqué which had been previously prepared by her captors, all
of which occurred in violation of her rights to personal freedom and
physical integrity, to freedom of expression, to the right to enjoy
judicial guarantees, and the right to judicial protection of the
victim and her family, according to Articles 7, 5, 13, 8, and 25,
respectively of the American Convention in conjunction with the
general obligation established in Article 1(1) of the same Treaty to
respect and ensure the rights recognized in it.”
279.
The Commission in its request
asked the Court to declare the violation of Articles 1, 6, and 8 of
the Inter-American Convention to Prevent and Punish Torture.
At the same time, that the Court should declare the obligation
on the part of the State of Guatemala to remedy the consequences of
these violations and to compensate the alleged victim and her family,
as well as restore to them the costs and expenses arising from their
activity abroad in order to place the case before the Commission and
the costs that arise as a consequence of instituting proceedings
before the Court.
280.
On March 18, 2002 the
Commission conveyed to the Court its observations on the document
containing the requests, arguments, and evidence presented by the
representatives of the victim that the Court had forwarded to it on
February 21, 2001. On March 22, 2002, the Court forwarded the
Guatemalan State’s reply to the petition submitted. On November 30,
2002, the Court issued a Decision convening the representatives of the
victim, the IACHR, and the Guatemalan State to the public hearing to
take place as of February 21, 2002 to hear the oral arguments of the
parties on preliminary objections, the merits of the case, and
reparation, as well as witnesses and expert witnesses.
The “Plan de Sánchez Massacre” Case
281.
On July 31, 2002, the
Inter-American Commission on Human Rights presented a petition against
the Republic of Guatemala in relation to case Nº 11.763 (The Plan de Sánchez Massacre) regarding “the denial of
justice and other acts of intimidation and discrimination that
affected the rights to humane treatment and to freedom of conscience
and religion and to private property of the survivors and next of kin
of the [alleged] victims of the massacre of 268 persons […], mostly
members of the Mayan indigenous people in the village of Plan de
Sánchez, Municipality of Rabinal, Department of Baja Verapaz,
[allegedly] carried out by members of the Guatemalan army and civilian
collaborators, under army tutelage, on Sunday, July 18, 1982 in
Guatemala.
282.
In its application, the
Commission requested that the Court declare the “international
responsibility of the State of Guatemala for violations of the rights
to humane treatment, to judicial protection, to fair trial, to equal
protection, to freedom of conscience and of religion, and to property,
in combination with the obligation to respect rights, all the above
embodied in Articles 5, 8, 25, 24, 12, 2 and 1(1) of the American
Convention.” The Commission also requested that the Court conclude
and declare that “the State of Guatemala is under the obligation to
individually and collectively redress the consequences of those
violations and to compensate the surviving victims of the massacre and
the next of kin of those extrajudicially executed, as well as to
reimburse them for expenses and costs incurred during international
proceedings of this case before the Commission and those incurred as a
consequence of the processing of the application before the Court.”
283.
On November
1, 2002, the Court sent a copy of the communication in which the State
replied to the petition and filed preliminary objections. In a note
also dated November 1, 2002, the Commission presented its observations
on the document containing the requests, arguments, and evidence
presented by the representatives of the victim that the Court had
forwarded to it on October 3, 2002.
On November 27, 2002, the Commission presented its written
arguments on the preliminary objections lodged by the Guatemalan
State.
The Blake Case
284.
On November 27, 2002, the
State of Guatemala presented a brief indicating in relation to
fulfilling the judgment, that it was repeating its previous reports in
the sense that Mr. Vicente Cifuentes López, who was sentenced for the
killing of Mr. Nicholas Chapman Blake, continued in detention.
At the same time, it declared that the National Civil Police
had taken steps to capture the other persons implicated in the acts.
This, until now has not been possible in view of the fact that
the actual whereabouts of the accused is not known. Finally, they
explained that the financial indemnification had already been paid in
accordance with the orders of the Court.
285.
In monitoring the complete
fulfillment of the judgment on compensation in the present case, the
Court has established that the State paid the sums corresponding to
the indemnification with interest to the families of the victims
complying with the second and fourth resolves of the judgment on
compensation, as the State itself indicated on March 30, 2000 in its
second report on the implementation of the judgment.
In the same way, in the said brief the State reported to the
Court that in the internal trial the penal judgment court “sentenced
to 28 years of prison without remission Mr. Vicente Cifuentes López,
as the person responsible” for the murder of Mr. Nicholas Blake and
Mr. Griffith Williams Davis.
286.
The Inter-American Commission
and the representatives of the victim and his family do not agree with
the State as regards the implementation of the obligation to
investigate and punish those responsible, given that, as the State
reported, only one of the three involved in the case was investigated
and sentenced by the internal jurisdiction.
287.
In its third report on
implementation, the State repeated that it had paid the sums
stipulated in the judgment of January 22, 1999, by which it considered
that it had “implemented in full” the said sentence and requested
the Court “the full archive of the present case.” At the same time
it reported that it had requested that the cases in the internal
proceedings against Candelario López Herrera, Hipólito Ramos García
and Mario Cano Saucedo will remain open and that they are trying to
verify their whereabouts.
288.
Through its Decision of
November 27, 2002, the Court decided that:
1.
The State has the obligation to take all necessary measures to
implement promptly the judgment for compensation of January 22, 1999,
handed down by the Inter-American Court of Human Rights in the Blake
Case in accordance with the provisions in Article 68(1) of the
American Convention on Human Rights
g.
Honduras
289.
On
September 8, 2001, the Inter-American Commission on Human Rights filed
before the Inter-American Court of Human Rights suit against the
Republic of Honduras in connection with Case 11.073, regarding the
alleged arbitrary detention, torture, and extrajudicial execution of
Juan Humberto Sánchez on July 11, 1992. According to the suit filed,
the State of Honduras violated the right to life, humane treatment,
personal liberty, a fair trial, and judicial protection of the victim
and his next-of-kin, guaranteed under Articles 4, 5, 7, 8, and 25,
respectively, of the American Convention, as well as the generic
obligation under Article 1(1) of the same Convention to respect the
rights recognized therein and ensure the full and free exercise of
those rights.
290.
On
the basis of the conclusions it had reached in this case, the
Commission requested that the Court order the State of Honduras to
make the financial and nonfinancial reparation indicated in Chapter
VII of this suit. Accordingly, the Commission asks the Court to
instruct the State of Honduras to pay damages for the violations of
the human rights of Juan Humberto Sánchez and his next-of-kin, as
indicated. Likewise, the
Commission requests that the Court arrange for a series of acts of
nonfinancial compensation, as explained in the aforementioned chapter.
Finally, the Commission requests that the Court order the State
of Honduras to pay the domestic court costs of the judicial
proceedings initiated with a view to punishing those responsible for
the extrajudicial execution of Juan Humberto Sánchez, the
international costs of processing the case before the Commission, and
the costs associated with the Courts processing of this suit.
h. Nicaragua
The
Mayagna (Sumo) Awas Tingni Community Case
291.
On
July 19, 2002, the representatives of the victims requested the
adoption of provisional measures pursuant to Article 63(2) of the
American Convention and Article 25 of the Rules of Procedure of the
Court. The
representatives of the victims argued that “provisional measures are
needed to ensure enforcement of the Court’s judgment on the merits
in the instant case and to mitigate the immediate, grave, and
irreparable damage currently being done in the territory of the
Community and which will get worse if the State does not take prompt
steps to curb the activities currently being carried out by third
parties on land belonging to the Community of Awas Tingni”.
292.
On July 29, 2002, the
Commission commented on the request for provisional measures presented
by the victim’s representatives. The Commission’s written
statement indicated that in its opinion it was “necessary that the
… Court … adopt appropriate measures to enable the parties to
proceed to integral and effective execution of the Judgment of August
31, 2001.” Consequently, the Commission asked the Court “respectfully
to take the steps needed to prevent immediate and irreparable damage
resulting from the activities being carried out by third parties that
have settled in the territory of the Community or are exploiting its
natural resources until the boundaries, demarcation, and land titling
ordered by the Court have been put into effect.”
293.
On September 5, 2002, the
State presented a written statement reporting that “the Sixth
Meeting of Committee II was held on Monday, September 2 of this year,
with the participation of the Community’s legal representatives.
At that meeting it was agreed that the Government of Nicaragua
would provisionally recognize the Community’s rights to use, occupy,
and exploit its lands after conducting a diagnostic assessment, as
proposed by the Community and taking into account the results of that
assessment […] Accordingly, […] the Government of Nicaragua
carried out an inspection in
situ in the Community of Awas Tingni from August 18 to August 28,
2002, and as a goodwill gesture on the part of the Government of
Nicaragua it was agreed that the Community of Awas Tingni would
receive a written reply regarding its proposal of a provisional joint
management mechanism for the conservation and sustainable exploitation
of the territory’s forest resources prior to the next meeting of the
Committee, scheduled for October 31, 2002, in Puerto Cabezas,
Nicaragua.”
294.
The Court studied the
documents submitted and on September 6, 2002 issued a Decision (Resolución)
through which it resolved:
1.
To order that the State
adopt, without delay, such measures as may be necessary to protect the
use and enjoyment of ownership of the lands belonging to the Mayagna
(Sumo) Community of Awas Tingni and of the natural resources in them,
especially measures designed to prevent immediate and irreparable
damage resulting from the activities being carried out by third
parties that have settled in the territory of the Community or are
exploiting its natural resources until the boundaries, demarcation,
and land titling ordered by the Court have been put into effect.
2.
To order the State to let the
petitioners take part in the planning and implementation of the
measures and, in general, to keep them informed on progress with
implementation of the measures ordered by the Inter-American Court of
Human Rights.
3.
To order the State to
investigate the alleged incidents that gave rise to these measures in
order to identify and punish those responsible.
i.
Panama
The
Baena Ricardo and others Case
295.
Between January 11, 2002 and
November 12, 2002 the State, the Commission, the victims, and their
representatives presented their observations regarding fulfillment of
the judgment rendered by the Court on February 2, 2001. On June 21,
2002, the Court ruled on fulfillment of the judgment it rendered on
February 2, 2001. Specifically, it ruled that:
1.
The State should submit a detailed report to the Court by no
later than August 15, 2002, in accordance with preambular paragraphs 2
and 3 of the […] decision.
2.
That the victims or their legal representatives and the
Inter-American Commission on Human Rights should present their
observations on the State’s report within seven weeks of receipt of
that report.
296.
On August 16, the State
submitted its report on fulfillment of the judgment, and,
subsequently, the representatives of the victims presented their
observations on it. On October 7, the Commission presented its
observations on the report by the State. On October 14, 2002, through
the Permanent Representative of Panama to the Organization of American
States, the Commission received from the State of Panama check Nº
141824833 in the amount of US$100.000.00 and check Nº
141824834 for US$20,000.00, both checks being issued by Banco
Nacional de Panamá as banker’s drafts made out to the
Inter-American Commission on Human Rights to pay the petitioner’s
legal costs and lawyers’ fees in the abovementioned case. The
Commission received various messages from the victims and their
representatives regarding the legal costs and fees incurred in
domestic proceedings and in international processing of this case in
the inter-American system for the protection of human rights.
297.
The Court studies the briefs
presented by the State, the Inter-American Commission, and the victims
and the victims’ representatives regarding fulfillment of the
judgment rendered by the Court on February 2, 2001 in the instant case
and, on November 22, 2002, ruled as follows:
1.
That the State must re-determine, according to applicable
domestic law, the specific amounts of wages lost and other worker’s
rights of each of the 270 victims, without exception. This new
determination shall be made in accordance with due process of law and
with the legislation applicable to each victim, in such a way that
they are able to present their written arguments and testimony and
that they are informed of the parameters and legislation used by the
State in calculating the amounts involved.
2.
That the procedures for fulfilling operative item 7 of the
judgment of February 2, 2001 shall be conducted in
accordance with due process of law and with the legislation applicable
to each victim, in such a way that they are able to present their
written arguments and testimony and that they are informed of the
parameters and legislation used by the State.
3.
That the compensation ordered for the 270 victims or their
beneficiaries shall not be liable to any existing or future tax,
including income tax.
4.
That the State shall pay penalty interest accruing during the
time it was in arrears regarding payment of compensation on account of
moral prejudice.
5.
That the settlement documents signed by some of the victims or
their beneficiaries as a prerequisite for receiving payment of the
compensation sums provided for in operative item 6 that were
calculated by the State shall be valid only inasmuch as they recognize
payment of the sum mentioned therein.
Any waivers in them to the effect that the victims or their
beneficiaries declared satisfaction with the payment received shall
not be valid, Therefore such waivers shall not preclude the victims or
their beneficiaries from submitting claims and evidence that the State
should have paid them a different amount in respect of lost wages and
other worker’s rights to which they are entitled.
6.
That the sums of money that the State allegedly paid out in
checks to 195 of the victims in amounts calculated by the State on
account of lost wages and other worker’s rights shall be considered
by this Court as an advance on the total damages owing. For that
reason, the State shall submit to the Court a copy of the settlement
documents proving delivery of the checks.
7.
That the State has fulfilled its obligation to pay for the
group of 270 victims the amount of US$100,000.00 (one hundred thousand
US dollars) as reimbursement of expenses and US$20,000.00 (twenty
thousand US dollars) to cover legal costs incurred.
8.
That, in distributing the sums paid by the State for legal
costs and expenses, the Inter-American Commission on Human Rights
shall take into account the expenses of all the victims and their
representatives, bearing in mind that not all of them are represented
by CEJIL.
9.
That the State shall deliver the checks due on account of moral
prejudice when the competent authorities determine the identities of
the beneficiaries of deceased victims who are still owed compensation,
and that the State shall pay the penalty interest accrued for paying
after the 90-day deadline.
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