4
3.
That 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.”
4.
That by virtue of the final and non-appealable nature of the Judgments of the
Court, as established in Article 67 of the American Convention, they must be
promptly complied with by the State in their entirety.
5.
That the obligation to comply with the judgments of the Court conforms to a
basic principle of law of the international responsibility of States, as supported by the
international case law, under which States are required to comply with their
international treaty obligations in good faith (pacta sunct servanda) and, as already
stated by this Court as prescribed in Article 27 of the Vienna Convention on the Law
of Treaties of 1969, domestic law many no be invoked to justify non-fulfillment of
previously undertaken international obligations. Treaty obligations of the States
parties are binding on all State Powers and organs.2
6.
That the States Parties to the Convention are required to guarantee
compliance with the provisions thereof and their effects (effet utile) at the domestic
level. This principle is applicable not only with regard to the substantive provisions of
human rights treaties (i.e. those dealing with protected rights) but also with regard
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.3
7.
That States Parties to the Convention that have recognized the binding
jurisdiction of the Court have the duty to comply with the obligations established by
the Tribunal. This obligation includes the duty, on behalf of the State, to inform the
Court of measures adopted in order to comply with what the Tribunal has ordered in
its decisions. The timely observance of the State’s obligation to indicate to the
Tribunal how it is complying with each of the points ordered is fundamental for
evaluating the status of compliance with the Judgment in its entirety.4
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994. Series A No. 14, para. 35; Case of Goiburú et al. v. Paraguay. Monitoring compliance
with judgment. Order of the Inter-American Court of Human Rights of August 6, 2008, Considering clause
5, and Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring Compliance with
Judgment. Order of the Inter-American Court of Human Rights of May 7, 2008, Considering clause 5.
3
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 Goiburú et al. v. Paraguay,
supra note 2, Considering clause 6, and Case of the Mayagna (Sumo) Awas Tingni Community v.
Nicaragua, supra note 2, Considering clause 6.
4
Cf. Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of September 22, 2005, Considering clause 7; Case of Yatama v.
Nicaragua. Monitoring Compliance with Judgment. Order of the Inter-American Court of August 4, 2008,
Considering clause 7, and Case of Gómez-Paquiyauri v. Peru. Monitoring compliance with judgment Order
of the Inter-American Court of May 3, 2008, Considering clause 6.