4
10.
The communication by the Commission on April 21, 2003, wherein it
reiterated the terms of the observations of the representatives of the victims (supra
Having Seen 9).
CONSIDERING:
1.
It is an inherent power of the judicial functions of the Court to oversee
compliance with its decisions.
2.
That the State of Guatemala became a State Party to the American
Convention (hereinafter “the American Convention” or “the Convention”) on May 25,
1978, and accepted the binding jurisdiction of the Court on March 9, 1987.
3.
In view of the definitive and unappealable nature of the judgments of the
Court, pursuant to Article 67 of the American Convention, the State must promptly
and completely comply with them within the term set for this purpose.
4.
Article 68(1) of the American Convention states that “[t]he States Parties to
the Convention undertake to comply with the judgment of the Court in any case to
which they are parties.” In the case under discussion, the State must comply with
the treaty obligations of the States Party, which are binding for all branches of
government or bodies of the State.
5.
The obligation to comply with the rulings in the Judgment of the Tribunal is in
accordance with a basic principle of law regarding the international responsibility of
the State, backed by international case law, according to which the States must
fulfill their international treaty obligations in good faith (pacta sunt servanda) and,
as this Court has already stated before and is set forth in Article 27 of the 1969
Vienna Convention on the Law of Treaties, they cannot refuse to fulfill the previously
established international responsibility for domestic reasons1.
6.
When overseeing the absolute fulfillment of the judgment on the merits and
reparations delivered in the present case, and after assessing the information
submitted by the State, the representatives of the victims, and the Commission, the
Court has confirmed that the State paid non-pecuniary damage, costs, and expenses
pursuant to operative paragraphs 5, 6, and 7 of the Judgment on reparations.
7.
After assessing the information submitted by the State, the representatives
of the victims, and the Commission, the Court deems critical for the State to report
to the Court on the following compliance pending issues:
1
a)
Formalities to find, exhume, and deliver the mortal remains of Efraín
Bámaca Velásquez;
b)
Formalities to investigate the facts in the present case and identify and
punish the abettors and perpetrators of the murder of Bámaca
Velásquez (Operative paragraphs eighth of the Judgment on the Merits
Cfr., Bulacio Case. September 18, 2003 Judgment. Series C No. 100, para. 116-118; Benavides
Cevallos Case. Compliance with Judgment. September 9, 2003 Order of the Court, Considering 3 and 6,
and Baena Ricardo et al Case Compliance with Judgment. June 6, 2003 Order of the Court, Considering
fourth.
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