2.
Paraguay is a State Party to the American Convention on Human Rights (hereinafter
"the American Convention") since August 24, 1989 and acknowledged the jurisdiction of the
Court on March 26, 1993.
3.
In accordance with the provisions of Article 67 of the American Convention, the State
should fully comply with the Court's Judgments.Furthermore, Article 68(1) of the American
Convention stipulates that "the State Parties to the Convention undertake to comply with
the decision of the Court in any case to which they are parties." To this end, States should
ensure the domestic implementation of the provisions set forth in the Court's rulings.2
4.
The obligation to comply with the Tribunal's rulings conforms to a basic principle of
international law, supported by international jurisprudence, under which States must abide
by their international treaty obligations in good faith (pacta sunt servanda); and, as set
forth by this Court and in Article 27 of the Vienna Convention on the Law of Treaties of
1969, States cannot, for domestic reasons, ignore their pre-established international
responsibility.3 The treaty obligations of State Parties are binding on all branches and bodies
of the State.4
5.
The States Parties to the Convention must ensure compliance with the treaty
provisions and their effects (effet utile) in terms of their domestic laws.This principle applies
not only to the substantive provisions of human rights treaties (i.e., those addressing
protected rights), but also to procedural provisions, such as those concerning compliance
with the Court’s decisions.These obligations should be interpreted and enforced in such a
manner that the protected guarantee is truly practical and effective, bearing in mind the
special nature of human rights treaties.5
a)
Regarding operative paragraph seven of the Judgment
6.
Regarding the obligation to undertake, in full compliance with judicial guarantees and
within a reasonable time period, all actions necessary to identify, prosecute and punish, if
applicable, all responsible for the violations committed in the present case (operative
paragraph nine of the Judgment), the State raised during the written procedure "[its]
inability to effectively comply with [this point] of the Judgment" based on two arguments:
a) the alleged violation of constitutional rights and guarantees in criminal matters by
reopening investigations into other perpetrators, and b) the alleged impossibility to reopen
the case for further investigations into torture, considering the State that it would be
2
Cf.Case of Baena Ricardo et al.. Competence. Judgment of November 28, 2003. Series C No. 104, para.
60; Case of Tristán Donoso v. Panama. Monitoring compliance with Judgment.Order of the Inter-American Court of
Human Rights of September 1, 2010, Considering Clause three, and Case of Ivcher Bronstein v. Peru. Monitoring
compliance with Judgment.Order of the Inter-American Court of Human Rights of August 27, 2010, Considering
Clause three.
3
Cf. International responsibility the issuance and application of laws that violate the Convention (Arts.1 and
2 American Convention on Human Rights). Advisory Opinion AO-14/94 of December 9, 1994. Series A No. 14,
para. 35; Case of Tristán Donoso, supra note 2, Considering Clause five, and Case of Ivcher Bronstein, supra note
2, Considering Clause four.
4
Cf. CaseCastillo Petruzzi et al. v. Peru. Monitoring Compliance with Judgment Order of the Court of
November 17, 1999.Series C No. 59, Considering Clause three; Case of Tristán Donoso,supranote 2, Considering
Clause five, andCase of Ivcher Bronstein,supranote 2, Considering Clause four.
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Case of Tristán Donoso,supranote 2, Considering Clause six, andCase of De la Cruz Flores v.Peru. Monitoring
compliance with Judgment.Order of the Inter-American Court of Human Rights of September 1, 2010, Considering
Clause six.