-12of domestic law, ignore the international responsibility already established.2 The
conventional obligations of the States Parties are binding for all the powers and
bodies of the State.
6.
That the States Parties to the Convention must guarantee compliance of the
conventional stipulations and their effects (effet utile) in the realm of their respective
domestic law. This principle is applied not only in relation to the substantive norms of
the human rights treaties (that is, those that include stipulations regarding the
protected rights), but also in relation to procedural norms, such as those that refer
to the compliance of the decisions of the Court. These obligations must be
interpreted and applied in such a way that the protected guarantee is actually
practical and efficient, having present the special nature of the human rights
treaties.3
7.
That the States Parties to the Convention that have acknowledged the
Court’s obligatory jurisdiction have the duty to comply with the obligations
established by the Tribunal. In this sense, Colombia must adopt all the necessary
measures in order to effectively comply with that ordered by the Court in its
Judgment of July 5, 2004 (supra Consideration 1), as well as in the present Ruling on
the status of compliance with the mentioned Judgment. This obligation includes the
State’s duty to inform on the measures adopted for the compliance of that ordered
by the Tribunal in said decisions. The timely observance of the state’s obligation to
inform the Tribunal of how it is complying with each of the points ordered by the
latter is essential for the evaluation of the status of compliance with the case.
*
*
*
8.
That when supervising the comprehensive compliance of the Judgment issued
in the present case, and after analyzing the information provided by the State, the
Commission, and by the representative on the compliance with the reparations, the
Court has verified the points ordered in said Judgment that have been complied with
by Colombia, as well as the reparations whose compliance is still pending.
9.
That the Court has proven that Colombia has complied with:
a)
locating the next of kin of the victim Alberto Gómez (supra
Considerations 10(h) and 11(g)), reason for which what is pending is to
deliver to them the corresponding reparations (paragraph 233 of the
Judgment); and
Cfr. Case of Cantos. Compliance with Judgment. Ruling of the Inter-American Court of Human
Rights of November 28, 2005, fifth whereas clause; Case of Baena Ricardo et al. Compliance with
Judgment. Ruling of the Inter-American Court of Human Rights of November 28, 2005, fifth whereas
clause; and Case of the Gómez Paquiyauri Brothers, Compliance with Judgment. Ruling of the InterAmerican Court of Human Rights of November 17, 2005, fifth Whereas clause.
2
3
Cfr. Case of Cantos. Compliance with Judgment, supra note 2, sixth Whereas clause; Case of
Baena Ricardo et al., supra note 2, sixth Whereas clause; and Case of the Gómez Paquiyauri Brothers.
Compliance with Judgment, supra note 2, sixth Whereas clause. Similarly, cfr., inter alia, Case of YATAMA.
Judgment of June 23, 2005. Series C No. 127, para. 170; Case of the Indigenous Community Yakye Axa.
Judgment of June 17, 2005. Series C No. 125, para. 101; and Case of the Serrano Cruz Sisters. Judgment
of March 1, 2005. Series C No. 120, para. 64.