January 10, March 17, and April 3, 2006, in which it presented its observations
concerning the status of compliance with the judgment.
6.
The notes of the Secretariat of the Court (hereinafter “the Secretariat”) of
February 25, and November 30, 2009; February 23, 2010, and March 22, April 15 and
18, and June 6 and 21, 2011, requesting information on compliance with the judgment.
CONSIDERING THAT:
1.
One of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
Peru has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since July 28, 1978, and
accepted the obligatory jurisdiction of the Court on January 21, 1981.
3.
According to Article 67 of the American Convention, the State must comply with
the judgments of the Court fully and promptly. Furthermore, 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 implementation at the domestic level of the Court’s decisions in
its judgments.1
4.
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 justification for its
failure to perform a treaty. The treaty obligations of the States Parties are binding for all
the powers and organs of the State.2
5.
The States Parties to the Convention must ensure compliance with its provisions
and their practical effects (effet utile) within their respective domestic legal systems.
This principle is applicable not only with regard to the substantive norms of human rights
treaties (that is, those which contain provisions concerning the protected rights), but
also with regard to procedural norms, such as those referring 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
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 60; Case of Cesti Hurtado v. Peru. Monitoring compliance. Order of the Inter-American Court of Human
Rights of February 4, 2010, Considering clause 3, and Case of El Amparo v. Venezuela. Monitoring compliance.
Order of the Inter-American Court of Human Rights of February 4, 2010, Considering clause 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 Cesti Hurtado, supra note 2, fifth Considering clause,
and Case of El Amparo, supra note 2, Considering clause 5.
3
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Cesti Hurtado, supra note 2, Considering clause 6, and Case of El Amparo, supra note 2,
Considering clause 6.
2