86
international treaty such as the American Convention, all its bodies, including its
judges, are also bound by such Convention, which forces them to see that all the
effects of the provisions embodied in the Convention are not adversely affected by
the enforcement of laws which are contrary to its purpose and end. The Judiciary,
in all its levers, must exercise ex officio a sort of “conventionality control” between
the domestic legal provisions and the American Convention, evidently within the
framework of their respective competence and the corresponding procedural rules.
To perform this task, the Judiciary has to take into account not only the treaty, but
also the interpretation thereof made by the Inter-American Court, which is the
ultimate interpreter of the American Convention.333
226. Hence, for example, supreme tribunals of the region had referred to and
applied the conventionality control taking into account the interpretations made by
the Inter-American Court. The Constitutional Room of the Supreme Court of Justice
of Costa Rica has pointed out that:
it is worth noting that if the Inter-American Court of Human Rights is the
natural organ to interpret the American Convention on Human Rights […],
the power of its decision when interpreting the convention and trying the
domestic laws in light of this rule, be it in a contentious case or in a simple
consultation, shall have -in principle- the same value of the interpreted
rule.334
227.
In turn, the Constitutional Court of Bolivia has mentioned that:
In fact, the Pact of San Jose, Costa Rica, as a rule included in the collection of
constitutional rules, is comprised of three essential parts, closely related to
each other: the first one, made up of the preamble; the second one, called the
dogmatic part and the third one related to the organic part. Precisely, Chapter
VIII of this treaty regulates the Inter-American Court of Human Rights;
consequently, following a “systemic” criterion of constitutional interpretation,
it should be established that this organ and therefore, its decisions, also form
part of this collection of constitutional rules.
The foregoing because of two specific legal reasons, namely: 1) The subjectmatter of the competence of the Inter-American Court of Human Rights and,
2) the application of the “effet util” doctrine to judgments concerning Human
Rights.335
228. Likewise, the Supreme Court of Justice of the Dominican Republic has
established that:
consequently, it is binding for the Dominican State and, therefore, for the
Judiciary, not only the rules of the American Convention on Human Rights but
its interpretations made by the competent organs, created as means of
protection, according to article 33 therein, which confers competence with
333
Cf. Case of Almonacid Arellano et al v. Chile, supra note 332, para. 124; Case of Rosendo
Cantú et al v. Mexico, supra note 30, para. 219; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia,
supra note 30, para. 202.
334
Cf. Judgment of May 9, 1995 issued by the Constitutional Room of the Supreme Court of
Justice of Costa Rica. Constitutional motion. Opinion 2313-95 (Case File 0421-S-90), Considering clause
VII.
335
Judgment handed down on May 10, 2010 by the Constitutional Tribunal of Bolivia (Case file N°
2006-13381-27-RAC), chapter III.3 on “The Inter-American System of Human Rights. Grounds and
effects of the Judgments issued by the Inter-American Court of Human Rights.”
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