13
Permanent Council, the confidence that the Court has in the States Party as
guarantors of the American Convention and to add one brief, final comment.26
Two days later, before the CJPA, and in the framework of the dialogue on the
strengthening of the Inter-American system for the protection of human rights, the
President of the Court reiterated:
Besides, a permanent working group of the CJPA, consisting of the Representatives
of the States Party to the American Convention, would be in charge of the ongoing
supervision of the state of compliance, by the respondent States, with the
judgments and decisions of the Inter-American Court, which would submit its
reports to the CJPA; on the other hand, the CJPA would report to the Permanent
Council so that it could prepare its report for discussion by the General Assembly.
In this way, a gap would be filled giving completeness to the law on the matter,
with a mechanism to operate on a permanent basis (and not once a year at the
OAS General Assembly) for supervising due compliance of the Court’s judgments
by respondent states party.27
Again, on October 16, 2002, the current President of the Court at that time, Judge
Antônio A. Cançado Trindade, referred most explicitly to the matter of supervision of
the execution of the Court´s judgments, before the OAS Permanent Council. He said:
The faithful compliance or execution of their judgments is a legitimate
concern of all international courts. For example, in the European protection
system, which has a mechanism for the supervision of the execution of the
judgments rendered by the European Court of Human Rights —a task of the
Committee of Ministers of the Council of Europe (a body that has historically
forerun the European Convention)—, this matter has always been in the Agenda
of the abovementioned Council. Why the OAS does not assume its responsibility
regarding such matter in our continent? More so, since, so far, there is no
specific agency with a similar function.
In this respect, the Inter-American Court now has a special concern
regarding one aspect of the execution of its judgments: generally, the States
comply with reparations consisting compensations of a pecuniary nature, but
the same does not necessarily happen with respect to non-pecuniary
reparations, especially regarding those requiring an effective investigation of the
facts behind violations and the identification and punishment of the persons
liable for such violations — indispensable steps to put an end to impunity (and
to its negative consequences for the whole social fabric.)
At the present time, due to the institutional deficit existing in the InterAmerican protection system in this specific area, the Inter-American Court has
been supervising motu proprio the execution of its judgments, devoting one or
two days of its session terms to this task. But supervision of due compliance with
the Court’s judgments and decisions —in exercising this collective guarantee— is a
task incumbent on all the States Party to the Convention. In my report submitted
to the CJPA of the OAS on April 5, 2001, I offered proposals for ensuring constant
monitoring of due compliance with all the conventional obligations that provide
26
ICHR: “The Inter-American Human Rights Protection System on the Threshold of the Twenty-first
Century.” Report: “Basis for a Draft Protocol to the American Convention on Human Rights to Strengthen its
Protection Mechanism,” (2001), Volume II, 2nd Edition, May 2003, p. 664.
27
ICHR: “The Inter-American Human Rights Protection System on the Threshold of the Twenty-first
Century.” Report: “Basis for a Draft Protocol to the American Convention on Human Rights to Strengthen its
Protection Mechanism,” (2001), Volume II, 2nd Edition, May 2003, p. 795.
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