3
required to comply with their international treaty obligations in good
faith (pacta sunt servanda) and, as previously held by this Court and
provided for in Article 27 of the Vienna Convention on the Law of
Treaties of 1969, States may not invoke the provisions of its internal law
to neglect their established international responsibility.4 The treaty
obligations of States Parties are binding on all State powers and
organs.5
That the States Parties to the Convention are required to
guarantee compliance with the provisions thereof and their effectiveness
(effet utile) at a domestic level. This principle is not only applicable to
the substantive provisions of human rights treaties (i.e. those dealing
with the protected rights) but also to procedural rules, such as those
concerning compliance with the decisions of the Court. These obligations
are to be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, bearing in mind the special
nature of human rights treaties.6
6.
That the States Parties to the American Convention which have
accepted the compulsory jurisdiction of the Court are under a duty to
fulfill the obligations imposed by this Court. This obligation includes the
State’s duty to report on the measures adopted to comply with the
orders of the Court in said judgments. Timely fulfillment of the State’s
obligation to report to the Court on the manner in which it is complying
with each of the aspects ordered by the latter is essential to evaluate
the level of compliance with the Judgment as a whole.7
7.
4
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, para. 35; Case of Ivcher Bronstein v. Peru. Monitoring Compliance with Judgment. Order
of the Inter-American Court of Human Rights of August 27, 2010, Considering Clause four, and Case of
Tristán Donoso v. Panama, supra note 2, Considering Clause three.
5
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring Compliance with Judgment. Order of the Court
of November 17, 1999. Series C No. 59, Considering Clause three; Case of Ivcher Bronstein v. Peru, supra
note 4, Considering Clause four, and Case of Tristán Donoso v. Panama, supra note 2, Considering Clause
five.
6
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999, Series C No. 54,
Para. 37; Case of De la Cruz Flores v. Peru, supra note 3, Considering Clause six and Case of Tristán Donoso
v. Panama, supra note 2, Considering Clause six.
7
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of September 22, 2005, Considering Clause seven; Case of Ximenes Lopes v. Brazil.
Monitoring Compliance with Judgment. Order of the Court of May 17, 2010, Considering Clause seven, and
Case of Cantos v. Argentina. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of August 26, 2010, Considering Clause five.