provisions of its internal law as justification for its failure to perform a treaty.3 The
treaty obligations of State Parties are binding on all powers and organs of the State.4
5.
The States Parties to the Convention must ensure compliance with its provisions
and their inherent effects (effet utile) within their respective domestic legal systems.
This principle is applicable not only with regard to the substantive norms of human
rights treaties (that is, those which contain provisions concerning the protected rights),
but also with regard to procedural norms, such as those referring to compliance which
must ensure compliance with the decisions of the Court. These obligations shall be
interpreted and applied so that the protected guarantee is truly practical and effective,
bearing in mind the special nature of human rights treaties.5
a) Regarding the obligation to pay the amounts established in the judgment for
pecuniary and non-pecuniary damage, and reimbursement of costs and
expenses (thirteenth operative paragraph of the judgment)
6.
The State advised that the payments for compensation, costs and expenses
were ordered by Resolution 5108 of the Ministry of National Defense of November 25,
2009, thus complying in full with this reparation measure. In this regard, the State
attached three certifications of payment by the Treasury of the Ministry of National
Defense that indicate: first, on April 20, 2010, the amount of two hundred and twentyseven million six hundred and seventy-one thousand, four hundred and twenty-eight
pesos ($227,671,428.00) was paid into a financial institution in favor of Carlos
Fernando Jaramillo Correa, Gloria Lucía Correa, Carlos Enrique Jaramillo Correa, María
Lucía Jaramillo Correa, Ana Carolina Jaramillo Correa and Luis Eugenio Jaramillo
Correa; second, on December 7, 2009, a payment of two hundred and sixteen million
eight hundred and thirty-nine thousand seven hundred pesos ($216,839,700.00) was
ordered for the Grupo Interdisciplinario por los Derechos Humanos, in their capacity as
representatives and, lastly, nineteen million eight hundred and twenty-four thousand
seven hundred and thirty-nine pesos ($19,824,739.00) was paid to Francisco Darío
Valle Jaramillo as compensation on May 14, 2010.
7.
The representatives advised that the State had complied with the payment of
the compensation ordered by the Court for the victims. They stated that the victims
Carlos Fernando Jaramillo Correa, his wife Gloria María Correa García, and their
children Carlos Enrique, María Lucía and Ana Carolina Jaramillo Correa, as well as Luis
Eugenio Jaramillo Correa had presented their request for payment of the amounts
ordered in their favor in January 2010, and that these payments had been made.
Lastly, they indicated that, although they are unaware of the payment made to Darío
Valle Jaramillo, and the respective terms, since he had decided to process his payment
separately, they “assume that the information [presented by the State] is accurate,
and agree that compliance with this obligation should be declared.”
3
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Art. 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 the Dismissed Congressional Workers, supra note 2,
fifth considering paragraph, and Case of Vargas Areco, supra note 2, fourth considering paragraph.
4
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring Compliance with judgment. Order of Court of
November 17, 1999, considering paragraph 3; Case of the Dismissed Congressional Workers, supra note 2,
fifth considering paragraph, and Case of Vargas Areco, supra note 2, fourth considering paragraph.
5
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of the Inter-American Court of Human
Rights of September 24, 1999. Series C No. 54, para. 37; Case of the Dismissed Congressional Workers,
supra note 2, considering paragraph 6, and Case of Vargas Areco, supra note 2, fifth considering paragraph.
4