4
4.
That, considering Article 67 of the American Convention, which stipulates that the
judgment of the Court shall be final and shall not be subject to appeal, such judgment shall
be fully and promptly complied with by the State.
5.
That the obligation to comply with the rulings of the Court corresponds to a basic
principle of law on the international responsibility of the State, supported by international
jurisprudence, according to which the States must comply with their international
conventional obligations in good faith (pacta sunt servanda) and, as previously held by the
Court and pursuant to Article 27 of the Vienna Convention on the Law of Treaties of 1969,
States cannot, for domestic order reasons, avoid the international responsibility which has
already been established.2 The conventional obligations of the States Parties bind all
powers and organs of the State.
6.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic legal
systems. This principle applies not only in connection with the substantive provisions of
human rights treaties (i.e. those dealing with provisions on protected rights) but also in
connection with procedural rules, such as the ones concerning compliance with the
decisions of the Court. Such obligations are intended to be interpreted and enforced in a
manner such that the protected guarantee is truly practical and effective, taking into
account the special nature of human rights treaties.3
*
*
*
7.
That with regards to operative paragraph one of the Judgment (supra Having Seen
1) on the investigation of the facts, identification, prosecution, and possible punishment of
those responsible for the “Plan de Sánchez” Massacre (hereinafter “the Massacre”), the
State expressed in its report of August 28, 2008 that it had a rapprochement with the
representative of the Center for Legal Action in Human Rights (hereinafter “CALDH”) in
order to establish a mechanism that will allow for prompt execution of this paragraph of the
Judgment. In the report of November 25, 2008 the State manifested, in sum, that: a) the
District Attorney’s Office of Salamá, Baja Verapaz, has obtained the birth and death
certificates of 20 individuals whose remains where exhumed in the Plan de Sánchez
community, and on January 26, 2006 the same District Attorney’s office took statements
from the witnesses; b) the Special Human Rights Violations Cases Unit of the Attorney
General’s Office requested information from the First Instance Criminal, Drug Trafficking
and Environmental Crimes Court and from the District Attorney’s Office, both from Baja
Verapaz, Salamá, with regards to locating the report of the exhumations performed in 1994
in the Plan de Sánchez village by the team of Forensic Anthropologists of Guatemala, which
appears to be missing. The State indicated that the aforementioned report was delivered by
the Anthropology Team to the Attorney General’s Office on April 6, 1995; c) the Special
Human Rights Violations Cases Unit requested the Office of Criminal Investigation to name
the patrol members and military offices who allegedly participated in the massacre so as to
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9,
1994. Series A No. 14, para. 35; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring Compliance
with Judgment, supra note 1, Considering clause five; and Case of Chaparro Álvarez and Lapo Íñiguez Vs.
Ecuador. Monitoring Compliance with Judgment, supra note 1, Considering clause five.
3
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring Compliance with Judgment, supra
note 1, considering clause six; and Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Monitoring Compliance
with Judgment, supra note 1, considering clause six.