87
respect to matters relating to the fulfillment of the commitments made by the
States Parties.336
229.
Moreover, the Constitutional Tribunal of Peru has sustained that:
The binding nature of the judgments of the [Inter-American Court] does not
end with the operative paragraphs (which, certainly, applies only to the State
party to the proceeding), but it also extends to its grounds or ratio decidendi;
moreover, in view of the [Fourth Final and Transitory Disposition (CDFT)] of
the Constitution and article V of the Preliminary Title of the [Constitutional
Procedural Code], the judgment is binding on all national government,
including in those cases in which the Peruvian State is not a state party to the
proceeding. In fact, in view of the Inter-American Court’s capacity to interpret
and apply the Convention, enshrined in article 62(3) of said treaty, coupled
with the mandate of the CDFT of the Constitution, the interpretation made in a
proceeding of all the provisions of the Convention is binding for all domestic
government, including, of course, this Tribunal.337
230.
Said Tribunal has also established that:
from the Inter-American Court of Human Rights and this Constitutional
Tribunal, it springs a direct connection; a connection that has two aspects: on
the one hand, a restorative aspect, since once the violated fundamental right
has been interpreted in light of the decisions of the Court, it is possible to
provide an adequate and effective protection; and, on the other hand, a
preventive aspect, given that, through its observance, it is possible to avoid
the harmful institutional consequences derived from the condemnatory
judgments of the Inter-American Court of Human Rights for the legal certainty
of the Peruvian State.338
231. The Supreme Court of Justice of Argentina has mentioned that the decisions
of the Inter-American Court “are binding for the Argentine State (art. 68(1),
American Convention),” therefore, said Court has established that “in principle, the
content of its decisions must be subordinated to the decisions of said international
tribunal.”339 Likewise, said Supreme Court established that “the interpretation of
the American Convention on Human Rights must be made following the case law of
the Inter-American Court of Human Rights" given that "it deals with an inescapable
pattern of interpretation for the Argentine constitutional branches of government
within the realm of its competence and, in consequence, also for the Supreme
Court of Justice, in order to safeguard the obligations assumed by the Argentine
State in the Inter-American system of Protection of Human Rights.”340
232. Moreover, the Constitutional Court of Colombia has determined that, in light
of the fact that the Colombian Constitution provides that the constitutional rights
and duties must be interpreted “according to the international human rights
336
Resolution N° 1920-2003 issued on November 13, 2003 by the Supreme Court of Justice of the
Dominican Republic.
337
Judgment handed down on July 21, 2006 by the Constitutional Tribunal of Peru (case file N°
2730-2006-PA/TC), Ground 12.
338
Judgment 00007-2007-PI/TC issued on June 19, 2007 by the Full Constitutional Tribunal of
Peru (Colegio de Abogados del Callao v. Congreso de la República), ground 26.
339
Judgment issued on December 23, 2004 by the Surpeme Court of Justice of the Republic of
Argentina (Case file 224.XXXIX), “Esposito, Miguel Angel s/ motion of statute of limitation of the
criminal proceeding brought by his defense,” considering clause 6.
340
Judgment of the Supreme Court of Justice of Argentina, Mazzeo, Julio Lilo et al., Appeal for
annulment and constitutional motion. M. 2333. XLII et al. of July 13, 2007, para. 20
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