6
4.
That, in consideration of section 67 of the American Convention which
stipulates that the judgment of the Court shall be final and shall not be subject to
appeal, such judgment shall be fully and promptly complied with by the State.
5.
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)2 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.3 The
treaty obligations of States Parties are binding on all State powers and organs.4
6.
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
treaties.5
Having Seen Clause four; and Case of Molina-Theissen v. Guatemala.
with Judgment Order of July 10, 2007; Considering Clause two.
Monitoring Compliance
2
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; Case of García-Asto and Ramírez-Rojas v. Peru, Monitoring
Compliance with Judgment, supra note 1, Considering Clause six; Case of Molina-Theissen v.
Guatemala, Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights of July 10, 2007.
3
Cf. Case of Gómez-Palomino v. Peru. Monitoring Compliance with Judgment Order of
the Inter-American Court of Human Rights of October 18, 2007, Considering Clause three.
Case of García-Asto and Ramírez-Rojas v. Peru. Monitoring Compliance with Judgment Order of
the Inter-American Court of Human Rights of July 12, 2007, Having Seen Clause six; Case
of Molina-Theissen v. Guatemala. Monitoring Compliance with Judgment, supra note 1, Having Seen
Clause three.
4
Cf. Case of Baena-Ricardo et al. v. Panama. Competence, supra note 1, para.60; Case of
Gómez-Palomino v. Peru. Monitoring Compliance with Judgment, supra note 3; Considering
clause seven and Case of García-Asto and Ramírez-Rojas v. Peru. Monitoring Compliance with
Judgment, supra note 1, Having Seen Clause six.
5
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999.
Series C No. 54, para. 37; Case of Gómez-Palomino v. Peru. Monitoring Compliance with
Judgment, supra note 3; Considering clause four ; Case of García-Asto and Ramírez-Rojas v.
Peru. Monitoring Compliance with the Judgment, supra, note 1; Considering Clause seven; Case
of Molina-Theissen v. Guatemala. Monitoring Compliance with Judgment, supra note 1, Having
Seen Clause four.