4
deadline for the submission of said report expired on July 10, 2007, without the
State submitting the requested information.
CONSIDERING:
1.
That monitoring the compliance with its decisions is an inherent jurisdictional
power of the Court.
2.
That Peru is a State Party to the American Convention on Human Rights as of
July 28, 1978, and recognized as binding the jurisdiction of the Court on January 21,
1981.
3.
That the obligation to comply with the decisions of the Court is a basic
principle of law regarding the international responsibility of the State, which is
supported by international jurisprudence, according to which the States must comply
with their international conventional obligations in good faith (pacta sunt servanda.)1
4.
That the States Parties to the Convention must guarantee the compliance
with provisions under the convention and their own effects (effet utile) at the internal
level. This principle applies not only with regard to the substantive provisions of the
human rights treaties (that is to say, those which express provisions regarding the
protected rights,) but also with regard to the procedural rules, such as those
referring to the compliance with the decisions of the Court. These obligations must
be interpreted and applied so that the protected guarantee is truly practical and
efficient, taking into account the special nature of the human rights treaties.2
5.
That the States Parties to the American Convention that have recognized the
binding jurisdiction of the Court must comply with the obligations established by the
Tribunal. This obligation includes the State’s duty to inform the Court of the
measures adopted toward with the orders of the Tribunal in said Judgments. The
State’s timely observance of its obligation to inform the Tribunal of how it is
complying with each of the operative paragraphs ordered by the latter is
fundamental for the evaluation of the status of compliance of the case.3 Likewise, the
General Assembly of the OAS has reiterated that, with the purpose that the Tribunal
be able to fully carry out its obligation to report on compliance with its decisions, it is
1
See the Cases of Castillo Páez, Loayza Tamayo, Castillo Petruzzi et al., Ivcher Bronstein and of
the Constitutional Court v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court
of Human Rights, June 1, 2001, second Considering paragraph; Case of the Yean and Bosico Girls v. the
Dominican Republic. Monitoring Compliance with Judgement. Order of the Inter-American Court of Human
Rights, November 28, 2007, sixth Considering paragraph, and Case of Palamara Iribarne v. Chile.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights, November 30,
2007, fifth Considering paragraph.
2
See the Case of Ivcher Bronstein. Competence. Judgment on September 24, 1999. Series C No.
54, paragraph 37; Case of the Yean and Bosico Girls V. the Dominican Republic. Monitoring Compliance
with the Judgment, supra note 1, sixth Considering paragraph.
3
See the Case of Barrios Altos V. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights, November 17, 2004, seventh Considering paragraph; Case of Gómez
Palomino V. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights, October 18, 2007, fifth Considering paragraph, and Case of García Asto and Ramirez Rojas V.
Peru, Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights, July 12,
2007, eighth Considering paragraph.