CONCURRING OPINION OF JUDGE EDUARDO VIO GROSSI ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS OF 23 NOVEMBER 2011, CASE OF THE SARAMAKA PEOPLE V. SURINAME MONITORING COMPLIANCE WITH JUDGMENT Introduction. The undersigned concurs, in this Opinion, with the Order indicated in the title, hereinafter “the Order,” in the understanding that according to pertinent norms and in light of the extended, and therefore imprudent or unreasonable, amount of time elapsed since the issuance of the Judgment at hand without the State concerned, hereinafter “the State,” having complied with its fundamental orders, the Inter-American Court of Human Rights, hereinafter “the Court,” should inform the General Assembly of the Organization of American States, hereinafter “the General Assembly of the OAS,” of this lack of compliance. I.- The norms. Indeed, Article 65 of the American Convention on Human Rights, hereinafter “the Convention,” establishes: “To each regular session of the General Assembly of the Organization of American States the Court shall submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations.” For its part, Article 30 of the Court's Statute, hereinafter “the Statute,” states: “Report to the OAS General Assembly The Court shall submit a report on its work of the previous year to each regular session of the OAS General Assembly. It shall indicate those cases in which a State has failed to comply with the Court's ruling. It may also submit to the OAS General Assembly proposals or recommendations on ways to improve the inter-American system of human rights, insofar as they concern the work of the Court.” As is evident, both norms establish a strict obligation, and not a power, for the Court. The Court cannot, and certainly does not, escape the obligation of submitting an annual report to the General Assembly of the OAS on the work it has carried out during the preceding period.

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