2
4.
The March 19, 2008 brief in which the Inter-American Commission on Human
Rights (hereinafter "the Inter-American Commission" or "the Commission") submitted
its comments to the report of the State on compliance with judgment.
CONSIDERING:
1.
That monitoring compliance with its judgments is a power inherent in the
judicial functions of the Court.
2.
That Chile has been a State Party to the American Convention on Human Rights
(hereinafter "the American Convention") since August 21, 1990 and accepted the
binding jurisdiction of the Court that same day.
3.
That, pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” For such purpose, the States are required to
guarantee that the Court’s orders are implemented in decisions made at the domestic
level.1
4.
That, because the judgments of the Court are final and not subject to appeal,
as established in Article 67 of the American Convention, the State is required to
promptly and fully comply therewith.
5.
That the obligation to comply with the Court’s decisions conforms to a basic
principle of the law on the international responsibility of States, as supported by
international case law, under which States are required to comply with their
international treaty obligations in good faith (pacta sunt servanda) and, as previously
held by the Court and provided for in Article 27 of the Vienna Convention on the Law
of Treaties of 1969, States cannot invoke their internal laws for failure to honor their
pre-established international responsibility. The States Parties’ obligations under the
Convention bind all branches and organs of State.2
6.
That the States Parties to the Convention are required to guarantee compliance
with the provisions thereof and their effects (effet utile) within their own domestic
laws. This principle is applicable not only to the substantive provisions of human rights
treaties (i.e. those dealing with protected rights), but also to procedural rules, such as
those concerning compliance with the decisions of the Court. These obligations are to
1
Cfr. I/A Court HR. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28,
2003, Series C No. 104, par. 131; Cfr. I/A Court HR Case of López Álvarez v. Honduras. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of February 6, 2008,
Considering clause 7; and I/A Court HR. Case of Caballero Delgado y Santana v. Colombia. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of February 6, 2008,
Considering clause 3;
2
Cfr. I/A Court HR. 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, par. 35; I/A Court HR. Case of Cantoral Benavides v. Peru. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of February 7, 2008,
Considering clause 5; and I/A Court HR. Case of Caballero Delgado y Santana v. Colombia. Monitoring
Compliance with Judgment, supra note 1, Considering clause 5.