9
municipal laws to escape from their pre-established international responsibility. The
treaty obligations of States Parties are binding on all State powers and organs. 3
5.
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 the ones concerning
compliance with the decisions of the Court. Such obligations are intended to be
interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, taking into account the special nature of human rights
treaties. 4
6.
That the Tribunal emphasizes that during the stage of monitoring compliance
with the Judgment, the Court's Secretariat, following the instructions of the President
of the Court, has addressed to the representatives on several occasions (supra
Having Seen clauses 6 and 9) to request them to forward their observations to the
State's reports. The representatives have not forwarded the information that was
requested to them within the term established to such end; therefore the Court
deems that they did not comply with the duty to inform the Tribunal in time fashion.
7.
That, upon monitoring compliance with the pending aspects of the instant
case, and also determining the provisional measures where pertinent, the Court
values the relevance of the hearing held to such end, which is represented by the
good will and spirit of cooperation shown by the parties. In particular, the Tribunal
values that the State, the Commission and the representatives have organized
meetings evidencing the common purpose and commitment to achieve compliance
with the pending aspects.
*
*
*
8.
That as to the obligation to investigate effectively the facts of this case, in a
reasonable time, in order to identify, prosecute and punish all the masterminds and
perpetrators of the violations committed (operative paragraphs five and paragraphs
256 to 263 of the judgment), the State requested the Tribunal not to mention the
information forwarded by the parties in relation to the investigation conducted into
those facts and the search for the mortal remains of the victims in any public
document, in view of the fact that the case is at the stage of preliminary
proceedings. The foregoing implies that the proceedings conducted by the Human
Rights Division “must be known only by the parties within the proceeding and that
the non-observance of this provision not only gives rise to penalties for the officers
3
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (articles 1and 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 Gómez Palomino V. Peru, supra note 2, considering
clause 5 and Case of the Dismissed Congressional Employees (Aguado Alfaro et al.) V. Peru, supra note 2,
considering clause 4.
4
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 Gómez Palomino V. Peru, supra
note 2, considering clause 6; and Case of Sawhoyamaxa Indigenous Community V. Paraguay, Monitoring
Compliance with the Judgment. Order of the President of the Court of May 20, 2009; considering clause 6.