4
21.
The brief of November 18, 2009 by which the State forwarded a report related to the
compliance with the Judgment.
Considering:
1.
That it is an inherent power of the judicial functions of the Court to monitor
compliance with its decisions.
2.
That the State of Peru has been a State Party to the American Convention on Human
rights (hereinafter, the “American Convention”) since July 28, 1978, and that it accepted
the binding jurisdiction of the Court on January 21, 1981.
3.
That, pursuant to Article 67 of the American Convention, State parties must fully
comply with the judgments entered by the Court in time fashion. Furthermore, Article 68(1)
of the American Convention stipulates that ““[t]he States Parties to the Convention
undertake to comply with the judgment of the Court in any case to which they are parties”.
Therefore, the States must ensure that the rulings set out in the decisions of the Court are
implemented at the domestic level.3
4.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, under which States are
required to fulfill their international treaty obligations in good faith (pacta sunt servanda)
and, as previously held by the Court and provided for in Article 27 of the Vienna Convention
on the Law of Treaties of 1969, States cannot invoke their municipal laws to escape from
their pre-established international responsibility. . The treaty obligations of States Parties
are binding on all State powers and organs. 4.
5.
That 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 applies not only in connection with the substantive provisions of human rights
treaties (i.e. those dealing with provisions on protected rights) but also in connection with
procedural rules, such as the ones concerning compliance with the decisions of the Court.
Such obligations are intended to be interpreted and enforced in a manner such that the
protected guarantee is truly practical and effective, taking into account the special nature of
human rights treaties5.
*
*
*
Simple, prompt and effective recourse for the determination of rights
3
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104, para
60; Case of the Caracazo V. Venezuela. Monitoring Compliance with the Judgment. Order of the Inter-American
Court of Human Rights of September 23, 2009, considering clause three and case of Cantoral Huamaní and Garcia
Santa Cruz V. Peru. Monitoring Compliance with the Judgment. Order of the Inter-American Court of Human Rights
of September 21, 2009, Considering Clause three.
4
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Articles 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 Caracazo V. Venezuela, supra note 3, considering clause
five and Case of Cantoral Huamaní and Garcia Santa Cruz V. Peru, supra note 3, considering clause five.
5
Cf. Case of Ivcher Bronstein V. Peru. Competence. Judgment of the Inter-American Court of Human rights
of September 24, 1999, para. 37; Case of the Caracazo V. Venezuela, supra note 3, considering clause six and
Case of Cantoral Huamaní and Garcia Santa Cruz V. Peru, supra note 3, considering clause six.