8
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court
is to monitor compliance with its decisions.
2.
That Peru has been a State Party to the American Convention since July 28,
1978, and accepted the obligatory jurisdiction of the Court on January 21, 1981.
3.
That Article 68(1) of the American Convention stipulates 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.” The treaty obligations of the States Parties are
binding for all the powers and functions of the State.
4.
That, in view of the final and non-appealable character of the judgments of
the Court, as established in Article 67 of the American Convention, they should be
complied with fully and promptly by the State.
5.
That the obligation to comply with the rulings in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the
State, supported by international case law, according to which, a State must comply
with its international treaty obligations in good faith (pacta sunt servanda) and, as
this Court has already indicated and as established in Article 27 of the 1969 Vienna
Convention on the Law of Treaties, a party may not invoke the provisions of its
domestic law as justification for its failure to perform a treaty1.
6.
That, from monitoring compliance with the judgments on merits and
reparations delivered in this case, and having examined the information provided by
the State the Inter-American Commission and the victim’s representatives, the Court
has verified that the State has complied with:
a) Payment of the amounts corresponding to the compensation for pecuniary
damage ordered in favor of Luis Alberto Cantoral Benavides, Gladys Benavides
López and Luis Fernando Cantoral Benavides (first operative paragraph of the
judgment on reparations of December 3, 2001,);
b) Payment of the amounts corresponding to the compensation for nonpecuniary damage ordered in favor of Luis Alberto Cantoral Benavides, Gladys
Benavides López, Luis Fernando Cantoral Benavides, Isaac Alonso Cantoral
Benavides and José Antonio Cantoral Benavides (second operative paragraph
of the judgment on reparations of December 3, 2001);
c) Payment of the amounts corresponding to the reimbursement ordered of
the costs and expenses ordered in favor of the representatives of the victim
1
Cf. Benavides Cevallos case. Compliance with judgment. Order of the Inter-American Court of
Human Rights of September 9, 2003, third considering paragraph; Baena Ricardo et al. case. Compliance
with judgment. Order of the Inter-American Court of Human Rights of June 6, 2003, fourth considering
paragraph; “The Last Temptation of Christ” case (Olmedo Bustos et al.). Compliance with judgment.
Order of the Inter-American Court of Human Rights of November 28, 2002, third considering paragraph; El
Amparo case. Compliance with judgment. Order of the Inter-American Court of Human Rights of
November 28, 2002, third considering clause; and International Responsibility for the Promulgation and
Enforcement of Laws in Violation of the Convention (Arts. 1 and 2 of the American Convention on Human
Rights). Advisory Opinion OC-14/94 of December 9, 1994. Series A No. 14, para. 35.
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