3
1984, and that it recognized the compulsory jurisdiction of the Court on that same date.
3.
That 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.1
4.
That, considering Article 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 corresponds to a basic
principle of law on the international responsibility of the State, supported by international
jurisprudence, according to which the States must comply with their international
conventional obligations in good faith (pacta sunt servanda) and, as previously held by
the Court and pursuant to Article 27 of the Vienna Convention on the Law of Treaties of
1969, States cannot, for domestic order reasons, avoid the international responsibility
which has already been established.2 The conventional obligations of the States Parties
bind all powers and organs of the State.
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 those concerning compliance with the decisions
of the Court. Such obligations are intended to be interpreted and enforced so that the
protected guarantee is truly practical and effective, taking into account the special nature
of human rights treaties.3
*
*
*
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C
No. 104, para. 131; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring Compliance with
Judgment. Order of the Court of April 28, 2009, Considering clause three; and Case of Chaparro Álvarez and
Lapo Íñiguez v. Ecuador. Monitoring Compliance with Judgment. Order of the Court of April 29, 2009,
Considering clause three.
1
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9,
1994. Series A No. 14, para. 35; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring
Compliance with Judgment, supra note 1, Considering clause five; and Case of Chaparro Álvarez and Lapo
Íñiguez Vs. Ecuador. Monitoring Compliance with Judgment, supra note 1, Considering clause five.
3
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Cantoral Huamaní and García Santa Cruz v. Peru. Monitoring Compliance with Judgment,
supra note 1, considering clause six; and Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador. Monitoring
Compliance with Judgment, supra note 1, Considering clause six.