3
1.
Monitoring compliance with its decisions is an inherent power to the
jurisdictional functions of the Court.
2.
Columbia is a State Party to the American Convention on Human Rights
(hereinafter "the American Convention" or "the Convention") since July 31, 1973 and
acknowledged the compulsory jurisdiction of the Court on June 21, 1985.
3.
In accordance with the provisions of Article 67 of the American Convention,
the State should fully comply with the Court's Judgments. Furthermore, Article 68(1)
of the American Convention stipulates that "the State Parties to the Convention
undertake to comply with the decision of the Court in any case to which they are
parties." To this end, States should ensure the domestic implementation of the
provisions set forth in the Court's rulings1.
4.
The obligation to comply with the Tribunal's rulings conforms to a basic
principle of international law, supported by international jurisprudence, under which
States must abide by their international treaty obligations in good faith (pacta sunt
servanda) and, as set forth by this Court and in Article 27 of the Vienna Convention
on the Law of Treaties of 1969, States cannot, for domestic reasons, ignore their
pre-established international responsibility.2 The treaty obligations of State Parties
are binding on all branches and bodies of the State3.
5.
The States Parties to the Convention must guarantee compliance with the
provisions thereof and their effectiveness (effet utile) within their domestic legal
systems. This principle applies not only to the substantive provisions of human rights
treaties (i.e., those addressing protected rights), but also to procedural provisions,
such as those concerning compliance with the Court’s decisions. These obligations
should be interpreted and enforced in such a manner that the protected guarantee is
truly practical and effective, bearing in mind the special nature of human rights
treaties.4
a)
Regarding operative paragraph thirteen of the Judgment
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 60; Case of Vargas Areco v. Paraguay. Monitoring compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 24, 2010, Considering Clause three, and Case of Almonacid
Arellano et al v. Chile. Monitoring compliance with Judgment. Order of the Inter-American Court of
Human Rights of November 18, 2010, Considering Clause three.
2
Cf. International responsibility for the issuance and application of laws that violate the
Convention (Art. 1 and 2 of the American Convention on Human Rights). Advisory Opinion AO-14/94 of
December 9, 1994. Series A No. 14, para. 35; Case of Vargas Areco v. Paraguay, supra note 1,
Considering Clause four, and Case of Dismissed Congressional Workers (Aguado Alfaro et al) v. Peru.
Monitoring compliance with Judgment. Order of the Inter-American Court of Human Rights of November
24, 2010, Considering Clause three.
Cf. Case Castillo Petruzzi et al. v. Peru. Monitoring Compliance with Judgment Order of the Court of
November 17, 1999, Considering Clause three; Case of Vargas Areco v. Paraguay, supra note 1,
Considering Clause four, and Case of Dismissed Congressional Workers (Aguado Alfaro et al) v. Peru,
supra note 2, Considering Clause five.
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of the Inter-American Court of Human
Rights of September 24, 1999. Series C No. 54, para. 37; Case of Vargas Areco v. Paraguay, supra note
1, Considering Clause five, and Case of Dismissed Congressional Workers (Aguado Alfaro et al) v. Peru,
supra note 2, Considering Clause six.