2
recognized the jurisdiction of the Court on June 24, 1981.
3.
That Article 68(1) of the American Convention provides 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.” For such purpose, the States must guarantee that the decisions of the
Court are implemented domestically.1
4.
That, in view of the final and non-appealable nature of the judgments of the Court,
as established in Article 67 of the American Convention, such judgments should be
complied with fully and promptly by the State.
5.
That the obligation to comply with the Court’s judgments conforms to a basic
principle of the law on the international responsibility of States, as supported by
international case law, under which States are required to comply with 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 their pre-established international
responsibility. The State Parties’ obligations under the Convention bind all State branches
and organs.2
6.
That the States Parties to the Convention must guarantee compliance with the
provisions thereof and their effects (effet utile) at the domestic-law level. This principle
applies not only in connection with the substantive provisions of human rights treaties
(i.e., those addressing the protected rights), but also in connection with their procedural
provisions, such as those concerning compliance with the Court’s decisions. These
obligations are to be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, considering the special nature of human rights
treaties.3
*
*
*
7.
That, in their brief of September 14, 2009, the representatives stated that, through
various communications addressed to the Government Prosecutor’s Office, the Office of
the Ombudsman, the President of the Republic and the People’s Ministry of Domestic
Relations and Justice, they requested compliance with the judgment rendered in the
instant case, in the context of the 20th anniversary of the events of El Caracazo but that,
to date, said communications remain unreplied to. Moreover, they noted that, through
1
Cf. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C
No. 104, para. 131; Case of Myrna Mack-Chang V. Guatemala. Monitoring Compliance with Judgment. Order of
the Court of August 14, 2009, considering clause No. 4; and Case of Molina-Theissen V. Guatemala Monitoring
Compliance with Judgment. Order of the Court of August 17, 2009, considering clause No. 3.
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 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 Ituango Massacres V. Colombia. Monitoring
Compliance with Judgment. Order of the Court of July 7, 2009, considering clause No. 5; and Case of HerreraUlloa v Costa Rica. Monitoring Compliance with Judgment. Order of the Court of July 9, 2009, considering clause
No. 5.
3
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of the Ituango Massacres. Monitoring Compliance with Judgment, supra note 2, Considering
clause No. 6; and Case of Herrera-Ulloa V. Costa Rica. Monitoring Compliance with Judgment, supra note 2,
Considering clause No. 6.