3
6.
That the States Parties to the Convention must guarantee compliance with its
provisions and its effects (effet utile) within their own domestic laws. This principle applies
not only to the substantive provisions of human rights treaties (in other words, the clauses
on the protected rights), but also to the procedural provisions, such as the one concerning
compliance with the Court’s judgments. These obligations must be interpreted and applied
in such a way that the protected guarantee is truly practical and effective, given the special
nature of international human rights treaties.4
7.
That every State Party to the Convention having recognized the compulsory
jurisdiction of the Court has the duty to fulfill the obligations imposed by the Court. This
duty includes the obligation of the State to report to the Court on the measures adopted to
comply with the decisions of the Court. Timely fulfillment of the State’s obligation to report
to the Court on the exact manner in which it is complying with each of the aspects ordered
by the latter is essential to evaluate the status of compliance with the Judgment as a
whole.5
8.
That the Court appreciates the significant efficacy of the hearing held for monitoring
compliance with the Judgment in the instant case.
*
*
*
9.
That as regards to the only aspect pending compliance related to the obligation of
the State to investigate the events, identify and, eventually, punish those responsible for
the human rights violations declared by the Court, and to adopt the domestic law provisions
necessary to guarantee compliance with this obligation (Operative Paragraph No. 8 of the
Judgment on the merits and Operative Paragraph No. 8 of the Judgment on reparations),
the State mentioned a series of procedures, that had no positive results, carried out in the
90s and that have already been appraised by the Court during the merits stage in the
instant case.
10.
That as to the current situation, the State informed that the “Presidential
Commission on Human Rights requested the Attorney General’s Office to resume the
investigation in the instant case in order to establish the criminal responsibility of those who
are found guilty in relation to the events" and that in response to the request, the Attorney
General's Office restated that on December 3, 2008, "in accordance with the principle
against double jeopardy, no criminal action may be brought against accused individuals who
have already been acquitted given that new criminal proceedings cannot be initiated against
them”. The State added that criminal proceedings were “carried out in accordance with
effective legislation” and that the state “guaranteed due process of law and all legal
remedies available in the domestic jurisdiction”. Lastly, the State mentioned that,
notwithstanding the acquittal of the three accused individuals and the dismissal of the case
December 9, 1994. Series A No. 14, para. 35; Case of Vargas-Areco v. Paraguay, supra note 2, Considering clause
No. 5; and Case of Claude Reyes v. Chile, supra note 2, Considering clause No. 5.
4
Cf. Case of Ivcher Bronstein v. Perú. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Case of Vargas-Areco v. Paraguay, supra note 2, Considering clause No. 6; and Case of Claude Reyes v. Chile,
supra note 2, Considering clause No. 6.
5
Cf. Case of Barrios Altos v. Perú. Monitoring Compliance with Judgment. Order of the Court of September
22, 2005, Considering clause No. 7; Case of Baena Ricardo et al. v. Panamá. Monitoring Compliance with
Judgment. Order of the Court of October 30, 2008, Considering clause No. 7; and Caso Vargas Areco v. Paraguay,
supra note 2, Considering clause No. 7.