12.
The private hearing held by the Court at its seat in San José, Costa Rica, on
February 25, 2011.1
CONSIDERING THAT:
1.
One of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
|Columbia has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since July 31, 1973, and
accepted the compulsory jurisdiction of the Court on June 21, 1985.
3.
In accordance with the provisions of Article 67 of the American Convention, the
State must comply fully and promptly 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 Court's decisions in any case to which they are parties.”
To this end, States must ensure the domestic implementation of the provisions of the
Court's decisions.2
4.
The obligation to comply with the Court's rulings corresponds to a basic
principle of international law, supported by international jurisprudence, in accordance
with which States must abide by their international treaty obligations in good faith
(pacta sunt servanda) and, as this Court has indicated and as established in Article 27
of the 1969 Vienna Convention on the Law of Treaties, a party may not invoke the
1
The hearing was attended by: (a) for the Inter-American Commission: Lilly Ching Soto, Specialist
Attorney for the Executive Secretariat; (b) for the representatives of the victims: John Arturo Cárdenas
Mesa; Juliana Bravo Valencia; Erick Benjamín Aldana Mendoza and María Victoria Fallon Morales from the
Grupo Interdisciplinario por los Derechos Humanos (GIDH), and (c) for the State of Colombia: Juan Carlos
Forero Ramírez, Assistant Prosecutor General; Hernán Jaime Ulloa Venegas, Director of the Presidential
Human Rights Program; Francisco Javier Echeverri Lara, Director of Human Rights and International
Humanitarian Law, Ministry of Foreign Affairs; Gloria Beatriz Gaviria Ramos, Head of the Cooperation and
International Relations Office of the Ministry of Social Protection; Alex de Jesús Salgado Lozano, Director of
Legal Affairs of the Ministry of National Defense; Elena Ambrosi Turbay, Director of Human Rights of the
Ministry of National Defense; Hernando Castañeda Ariza, Head of the National Human Rights and
International Humanitarian Law Unit of the Office of the Prosecutor General; Jorge Alexander Vargas Mesa,
Executive Director for the National Housing Fund; Cesar Vergara Gutiérrez, Advisor to the Sub-Directorate
for Attention to the Displaced Population – Social Action; Paulina Gómez Borda, Chargé d’affaires, Embassy
of Colombia in Costa Rica; Felipe Medina Ardila, Coordinator of the Inter-institutional Task Force; Claudia
Paola Redondo Polo, Advisor to the Inter-institutional Task Force; General Orlando Páez Barón, Inspector
General of the National Police; Lieutenant Colonel John Henry Arango Alzáte, Coordinator of the Human
Rights Group of the National Police, and Daniel Vásquez Franco, Director of the Housing System of the Vice
Ministry for Housing and Territorial Development.
2
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 60; Case of the Dismissed Congressional Workers (Aguado Alfaro et al.) v. Peru. Monitoring
compliance with judgment. Order of the Inter-American Court of Human Rights of November 24, 2010, third
considering paragraph, and Case of Vargas Areco v. Paraguay. Monitoring compliance with judgment. Order
of the Inter-American Court of Human Rights of November 24, 2010, third considering paragraph.
3