Convention are implemented effectively and in accordance with the principles that inspired
their introduction and amendment.25
35.
The Court considers that amendments to the legal system of the State of Paraguay
are measures that nullify domestic laws contrary to the Convention, and whose contents are
geared towards meeting international standards and the terms of the provisions of the
operative paragraph fourteen of the Judgment(supra Having Seen 1). The Court
acknowledges the efforts made by the State and considers this operative paragraph to be
complied with, on the understanding that the State's obligation to adapt domestic legislation
to the treaty conventions is not limited to legislative changes, but should result in the
effective practical implementation of international human standards.
g)
Regarding paragraphs fifteen, sixteen and seventeen of the Judgment
36.
Regarding the obligation to pay moratory interest on the compensation for pecuniary
and non-pecuniary damages, and reimbursement of costs and expenses (operative
paragraphs fifteen, sixteen and seventeen of the Judgment), during the private audience
(supra Having Seen 8) the State requested "the Court's review of" the response, through
the Secretariat notes, made by the Court tothe consultation sent on December 30, 2009 by
Paraguay (supra Having Seen 6) as it considered that "[in said] clarification the merits [of
the Judgment] are amended," which referred to State legislation "in terms of rates and the
payment system," "in light of [...] a new period [in] which the State [...] shall be subject to
pay [...] interest," a system under which the State" will always [...] be in debt because the
budget system make take some time to effect payment. “Furthermore, it clarified that it is
not "indifferent to paying," but for "the 96 days that elapsed[ed] from the last day of the
[first] year, until actual payment of the compensation." It stated that "if the Court maintains
the terms of its clarifying order the Paraguayan State will pay the interest upon agreement
with the petitioners for the purpose of giving a certain amount and trying to definitely
comply and not with transitory amounts." Finally, the State proposed the sum of USD
2.000,00 (two thousand dollars of the United States of America) to the representatives so
as to comply with this obligation, with the obligation to pay within the 2011 fiscal year.
37.
During the private audience (supra Having Seen 8) the representatives let it be
known that they agree with the response issued by the Court regarding the means of
calculating the moratory interest (supra Viewed 6). Also, it stated that in order to expedite
the payment they remain open to find a way to "pay the interest owed by [the State] in a
one-off payment" by calculating "a fixed amount" agreed upon with the State. With regard
to the proposal submitted by the State in its last report, the representatives presented,
based on certain considerations, a counterproposal for the State to pay the sum of USD
3,000.00 (three thousand dollars of the United States of America) until December 31, 2011,
date on which this counter expires.
38.
The Commission, during a private audience (supra Having Seen 8), noted that it
"agrees with the interpretation made by the Court, [which] is a constant practice that has
been applied in this case and other cases in Paraguay," therefore "there [was] no confusion
in that sense. "
39.
In virtue of the statements made by the State during the hearing, the Court notes
that it responded promptly to the State's consultation(supra Having Seen 6)26, therefore it
cf. Case of Zambrano Vélez et al. v. Ecuador. Monitoring compliance with Judgment.Order of the InterAmerican Court of Human Rights of September 21, 2009, Considering Clause forty-six.