truly practical and effective, bearing in mind the special nature of human rights
treaties. 3
6.
The States Parties to the Convention that have accepted the Court’s binding
jurisdiction have a duty to comply with the obligations established by the Court.
This includes the State’s obligation to inform the Court of the measures adopted to
comply with the Court’s rulings in its judgments. The State’s prompt observance of
its obligation to report to the Court on how it is complying with each of the
measures ordered is essential for evaluating the status of compliance with the
Judgment as a whole. 4
A.
Adoption of such measures as are necessary to comply fully and
promptly with aspects of the Judgment pending compliance and the
obligation to report to the Court
7.
In the Order of November 22, 2010 (supra Having Seen paragraph 2), the
Court ordered the State to present, every three months, a report on compliance
with the measures of reparation that are still pending. The only report presented
by the State is dated April 6, 2011, even though subsequently, on the instructions
of the President, the Secretariat of the Court twice requested the State to present
another report (supra Having Seen paragraph 6), given that the information
available to the Court at this time does not allow it to adequately verify the level of
compliance with the measures of reparation that remain pending. In this regard, it
should be emphasized that, in the report of April 6, 2011, the State did not provide
information about the medical treatment provided to Juan Carlos Bayarri (supra
Having Seen paragraph 2), ordered in Operative Paragraph 9 of the Judgment.
8.
In order to monitor and ensure the implementation of the measures of
reparation ordered, this Court must be able to receive information on and verify the
execution of the Judgment. 5 In this case, the State is not fulfilling its treaty-based
obligation to inform the Court regarding the way in which it is implementing the
measures of reparation pending compliance (supra Considering paragraph 6).
9.
In view of the foregoing, and given that the Court does not have sufficient
information to be able to monitor full compliance with the Judgment, it is necessary
that the State provide timely and detailed information on all the measures adopted
to date with regard to the reparations pending compliance. The Court keeps open
the possibility that it may opportunely summon the parties to a hearing to assess
compliance with the Judgment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
3
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Order of the Inter-American Court of Human
Rights of September 24, 1999. Series C No. 54, para. 37, and Case of Caballero Delgado and Santana
v.. Colombia, supra note 2, Considering paragraph 6.
4
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of September 22, 2005, Considering paragraph 7, and Case of Kawas
Fernández Vs. Honduras, supra note 1, Considering paragraph 3.
5
Cf. Case of Neira Alegría et al.v. Peru. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of January 19, 2009, Considering paragraph 20; Case of Castillo
Páez v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights
of May 19, 2011, Considering paragraph 10.
3