4
a)
by having obligated itself to respect the norms of the American
Convention on Human Rights and after having participated as a party in the
Castillo Petruzzi et al. Case, Peru should fulfill its international obligations in
good faith;
b)
Article 67 of the American Convention on Human Rights establishes in
an unequivocal form that the judgments rendered in a contentious proceeding
before the Court are not subject to appeal;
c)
the State’s noncompliance constitutes defiance of Article 68(1) of the
American Convention on Human Rights, which establishes the obligatory
nature of the judgments of the Court and, in an unequivocal manner, the
obligation of the States Parties to this Convention to comply with that which is
ordered in its judgments;
d)
it is the duty of the State to comply with its conventional obligations of
good faith; a principle set forth in Article 31 of the 1969 Vienna Convention
on the Law of Treaties;
e)
on ratifying the American Convention on Human Rights, the States
Parties undertake duties of protection to all persons subject to their
jurisdiction. From there derives the duty to comply and to oblige to comply in
good faith with the decisions of the judicial organ established by this
Convention;
f)
“the object and purpose of the Convention is to establish an InterAmerican system of protection wherein the rights and freedoms enumerated
are made fully effective, as suggests its preamble. Therefore, the organs of
the State are obligated to respect them and ensure them according to Article
1(1) of the Convention”;
g)
the judgments of the Court should be observed in an immediate and
integral manner; if they had to conform to the internal legislation of the
States Parties to be enforceable, the protection of the International Law of
Human Rights would become illusory and would be left to the sole discretion
of the State and not to the supranational organ whose judgments should be
fulfilled in good faith by the States;
h)
the supremacy of the international obligations of the State over
internal law constitutes one of the pillars of international law, as set forth in
Article 27 of the 1969 Vienna Convention on the Law of Treaties, and
i)
Law 23.506 on Habeas Corpus and Amparo and the Law of the Judicial
Power, both in force in Peru, “suggest” that the judgments of the Court have
complete legal validity and effectiveness in the internal jurisdiction of the
State and are enforceable without the need to review their compatibility with
domestic law.
For the above reasons, the Commission requested that the Court:
a)
reject as inadmissible the Order of the State and demand the full,
prompt, and unconditional execution of the operative paragraphs of the May
30, 1999 Judgment which have not been executed, and