3
Court. Moreover, 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."2 For such purpose, the States are required to
guarantee that the Court’s orders are implemented in decisions made at the
domestic level.3
4.
That the obligation to comply with the Court’s judgments 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).4 The States
Parties’ Convention-based obligations to comply promptly with the decisions of the
Court are binding on all branches and organs of State.5
5.
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 be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, bearing in mind the special nature of
human rights treaties.6
*
*
*
6.
That in the private hearing, the State discussed reinstating María Elena
Loayza Tamayo into the educational service and supplied information on actions it
had undertaken to comply with this item of the judgment on reparations (supra
Having seen nos. 2 and 5).
7.
That María Elena Loayza Tamayo, victim in the instant case, stated that at the
time she was seized, she had been working in three different educational insitutions:
Centro Educativo 2057 "José Gabriel Condorcanqui;" the Escuela Nacional de Arte
Dramático, where she carried a 24-hour teaching load, and the San Martín de Porres
University with a 20-hour load. Mrs. Loayza Tamayo reported that she had been
2
Cfr. Case of Baena-Ricardo et al. Competence. Judgment of November 28, 2003. Series C No.
104, par. 60; Case of Gómez Palomino. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of October 18, 2007, Considering clause 7; Case of Blake. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of November 27, 2007,
Considering clause 3.
3
Cfr. Case of Baena-Ricardo et al. Competence, supra note 2, par. 131.
4
Cfr. 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, par. 35; Case of García Asto and Ramírez Rojas.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of July 12,
2007, Considering clause 6; Case of Molina Theissen. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of July 10, 2007, Considering clause 3.
5
Cfr. Case of Baena-Ricardo et al. Competence, supra note 2, par. 60; Case of Gómez Palomino.
Monitoring Compliance with Judgment, supra note 2, Considering clause 7; Case of Blake. Monitoring
Compliance with Judgment, supra note 2, Considering clause 4.
6
Cfr. Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54,
par. 37; Case of Blake. Monitoring Compliance with Judgment, supra note 2, Considering clause 5; and
Case of Gómez Palomino. Monitoring Compliance with Judgment, supra note 2, Considering clause 4.