7
f.
“the object and purpose of the Convention is to establish an InterAmerican system of protection wherein the rights and freedoms enumerated
are made fully effective, as is suggested in its preamble. Therefore, the
organs of the State are obligated to respect them and ensure them in
accordance with Article 1(1) of the Convention”;
g.
the judgments of the Court should be observed in an immediate and
integral manner; if they had to conform to the internal legislation of the
States Parties to be enforceable, the protection of the International Law of
Human Rights would become illusory and would be left to the sole discretion
of the State and not to the supranational organ whose judgments should be
fulfilled in good faith by the States;
h.
the supremacy of the international obligations of the State over
internal law constitutes one of the pillars of general Public International Law,
as set forth in Article 27 of the 1969 Vienna Convention on the Law of
Treaties;
i.
the principle pacta sunt servanda, codified in Article 26 of the 1969
Vienna Convention on the Law of Treaties, establishes that “[e]very treaty in
force is binding upon the parties to it and must be performed by them in good
faith.” The State should observe the judgments adopted in accordance with
the norms of the Inter-American system and the principles of International
Law;
j.
Article 68(2) of the American Convention on Human Rights establishes
that the part of the judgment that stipulates compensatory damages may be
executed in the country concerned in accordance with the domestic procedure
governing the execution of judgments against the State; and
k.
Law 23.506 on Habeas Corpus and Amparo and the Law of the Judicial
Power, both in force in Peru, “suggest” that the judgments of this Court have
complete legal validity and effectiveness in the internal jurisdiction of the
State and are enforceable without the need to review their compatibility with
domestic law.
For the above reasons, the Commission requested that the Court:
a.
reject as inadmissible the submission of the State and require the
execution of the operative paragraphs of the November 27, 1998 Judgment;
and
b.
proceed to inform the Secretary General of the OAS and the States
Parties to the American Convention on Human Rights about this matter.
Moreover, adopt the request of the victim that measures be adopted that assure
compliance with the Judgment on Reparations.
15. The writing of the victim, received in the Secretariat of the Court on September
23, 1999, in which reference is made to the final decisions adopted by Peru
concerning the judgments rendered by the Inter-American Court, and the
declarations made by the high authorities of the Government with respect to her
situation. She adds that, as a consequence of these facts, there is a latent threat