3
1.
That one of the inherent attributes of the jurisdictional functions of the Court is
to monitor compliance with its decisions.
2.
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.” To this end, the State must ensure the implementation
of the terms of the Court’s decisions at the domestic level.1
3.
That the obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the State,
supported by international case law, according to which, a State must comply with its
international treaty obligations in good faith (pacta sunt servanda) and, as this Court
has already indicated and as established in Article 27 of the 1969 Vienna Convention on
the Law of Treaties, a party may not invoke the provisions of its internal law as a
justification for failing to comply with its treaty obligations.2 The treaty-based
obligations of the States Parties are binding on all the powers and organs of the State.
4.
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 is applicable not only to the substantive norms of human rights
treaties (that is, those which contain provisions that concern protected rights), but also
with regard to procedural norms, such as those that refer to compliance with the
decisions of the Court. These obligations shall be interpreted and applied so that the
protected guarantee is truly practical and effective, bearing in mind the special nature of
human rights treaties.3
*
*
*
5.
That the State advised that, on December 20, 2004, it had delivered to victim’s
next of kin a total of US$698,000.00 (six hundred and ninety-eight thousand United
States dollars) in compliance with the payment of compensation ordered by the Court
for pecuniary damages, non-pecuniary damages, and costs and expenses.
6.
That the representatives confirmed the payment of the said compensation to the
beneficiaries of the compensation within the time established by the Court for
compliance with this measure.
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 131; Case of the Sawhoyamaxa Indigenous Community. Supervision of compliance with judgment.
Order of the Inter-American Court of Human Rights of February 2, 2007, second considering paragraph, and
Case of Yatama. Compliance with judgment. Order of the Inter-American Court of Human Rights of November
29, 2006, third considering paragraph.
2
Cf. Internacional 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; the Sawhoyamaxa Indigenous Community v. Paraguay. Supervision of
compliance with judgment. Order of the Inter-American Court of Human Rights of February 2, 2007, third
considering paragraph, and Case of Yatama. Compliance with judgment. Order of the Inter-American Court of
Human Rights of November 29, 2006, fifth considering paragraph.
3
Cf. Case of Ivcher Bronstein. Competence. Judgment of September 4, 1999. Series C No. 54, para.
37; Case of the Sawhoyamaxa Indigenous Community v. Paraguay. Supervision of compliance with judgment.
Order of the Inter-American Court of Human Rights of February 2, 2007, Fourth considering paragraph, and
Case of Yatama. Compliance with judgment. Order of the Inter-American Court of Human Rights of November
29, 2006, sixth considering paragraph.
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