4
11.
The private hearing held on July 4, 2009 at the Court venue.1 At such private
hearing, the State, the Commission, and the representatives referred to the measures
pending compliance with the Judgment.
CONSIDERING:
1.
That it is a power inherent in the judicial functions of the Court to monitor
compliance with its judgments.
2.
That Venezuela has been a State Party to the American Convention on Human
Rights since August 9, 1977 and it acknowledged the binding jurisdiction of the Court on
June 24, 1981.
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.” To that end, the States are required to guarantee the adoption
at the domestic level of the measures ordered by the Court.2
4.
That given the final and unappealable nature of the Court’s judgments, as
established in Article 67 of the American Convention, said judgments are to be promptly
and fully complied with by the State.
5.
That the obligation to comply with the Court’s judgments conforms to a basic
tenet of the law of the international responsibility of the States, as supported by
international case law, under which the 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, domestic laws may not be invoked to justify non-fulfillment of preestablished international responsibility. The treaty obligations of States Parties are
binding on all State powers and organs.3
1
Pursuant to Article 6(2) of the existing Rules of Procedure, the Court held a hearing with a commission
of Judges made up of Cecilia Medina-Quiroga, President; Manuel E. Ventura-Robles; Leonardo A. Franco and
Margarette May Macaulay. At said hearing there appeared Juan Pablo Albán on behalf of the Inter-American
Commission; Liliana Ortega and Carlos Ayala-Corao, from the Comité de Familiares de Víctimas de los Sucesos
de Febrero-Marzo de 1989 (COFAVIC), and Ariela Peralta, from the Center for Justice and International Law
(CEJIL), on behalf of the victims’ representatives; and Germán Saltrón-Negretti on behalf of the State.
Cf. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C
No. 104, para. 131; Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Monitoring Compliance with
Judgment. Order of the Inter-American Court of April 28, 2009, Considering clause 3; and Case of ChaparroÁlvarez and Lapo-Íñiguez v. Ecuador. Monitoring Compliance with Judgment. Order of the Court of April 29,
2009, Considering clause 3.
2
3
Cf. 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, para. 35; Case of Cantoral-Huamaní and García-Santa Cruz v. Peru.
Monitoring Compliance with Judgment, supra note 1, Considering clause 5; and Case of Chaparro-Álvarez and
Lapo-Íñiguez v. Ecuador. Monitoring Compliance with Judgment, supra note 1, Considering clause 5.