3
4.
That taking into consideration that the judgments rendered by the Court are final
and not subject to appeal, as stated in Article 67 of the American Convention, they are to be
fully and promptly complied with by the State within the term set for that purpose.
5.
That the obligation to comply with the decisions of the Court conforms to a basic
legal principle of the law of the international responsibility of the States, as supported by
international case law, under which the States must comply with their international treaty
obligations in good faith (pacta sunt servanda) and, as stated by the Court in prior cases
and set forth in Article 27 of the 1969 Vienna Convention on the Law of Treaties, a party
may not invoke the provisions of its domestic law as justification for its failure to perform a
treaty.2 The treaty obligations of States Parties to fully comply with the decisions of the
Court are binding on all State powers and organs.3
6.
That the States Parties to the American Convention must secure compliance with the
provisions thereof and their effects (effet utile) at the domestic law level. This principle
applies not only in relation to the substantive provisions of human rights treaties (i.e. those
dealing with the protected rights), but also in relation to procedural rules, such as those
concerning compliance with the decisions of the Court. Such obligations are to be construed
and enforced in a manner such that the protected guarantee is truly practical and effective,
taking into consideration the special nature of human rights treaties.4
7.
That the States Parties to the Convention that have accepted the binding jurisdiction
of the Court are under a duty to fulfill the obligations established by the Court. Therefore,
the State of Paraguay must adopt all such measures as may be necessary to fully comply
with the obligations ordered by the Court in its Judgment of September 26, 2006. This
obligation includes the State’s duty to report on the measures adopted to comply with the
decisions of the Court. Timely fulfillment of the State’s obligation to report to the Court on
the manner in which it is complying with each of the obligations ordered thereby is essential
to assess the progress made in compliance with the Judgment as a whole.
*
*
*
8.
That regarding the obligations set forth in the Judgment, the State informed that the
Attorney General of the Republic had submitted a request to the President of Paraguay for
the creation of an Inter-institutional Commission so that judgments delivered by the InterAmerican Court may be fully complied with. To date no further information has been
provided to the Court on the creation of such Commission.
Honduras. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of August 5,
2008, Considering clause 3.
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Articles 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 Goiburú et al., supra note 1, Considering clause 5, and Case
of Servellón-Garc��a et al., supra note 1, Considering clause 4.
3
Cf. Case of Caballero-Delgado and Santana v. Colombia. Monitoring Compliance with Judgment. Order of
the Inter-American Court of Human Rights of February 6, 2008, Considering clause 2; Case of Goiburú et al., supra
note 1, Considering clause 5, and Case of Servellón-García et al., supra note 1, Considering clause 4.
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Goiburú et al., supra note 1, Considering clause 6, and Case of Servellón-García et al., supra
note 1, Considering clause 5.