4
compliance with the judgments rendered by the Court […] is a duty of the parties and that
its fulfillment is essential to assess progress in compliance with Judgment in the instant
case.”
12.
The brief of June 10, 2009, whereby the State submitted the report requested in
operative paragraph two of the Order issued on February 7, 2008 (supra Having Seen
clause 7).
13.
The brief of July 16, 2009, whereby the representatives submitted their observations
on the report required from the State in operative paragraph two of the Order issued on
February 7, 2008.
14.
The brief of July 30, 2009, whereby, in connection with the above-mentioned report
of the State, the Commission stated that “the available information shows that no steps
have been taken” in order to comply with the measures pending fulfillment, and requested
that the State be required to “submit a detailed report” on certain points regarding
compliance with the Judgments on the merits and reparations.
15.
The brief of October 26, 2009, whereby the State submitted a new report regarding
compliance with the Judgments on the merits and reparations rendered in the instant case
and the observations forwarded by the representatives in that regard on November 12,
2009.
Considering:
1.
That it is a power inherent in the judicial functions of the Court to monitor
compliance with its judgments.
2.
That Peru has been a State Party to the American Convention on Human Rights since
July 28, 1978 and acknowledged the binding jurisdiction of the Court on January 21, 1981.
3.
That pursuant to Article 68(1) of the American Convention, “[t]he States Parties to
the Convention undertake to comply with the judgment of the Court in any case to which
they are parties.” The treaty obligations of States Parties are binding on all State powers
and organs.1
4.
That given the final and unappealable nature of the Court’s judgments, as
established in Article 67 of the American Convention, said judgments are to be promptly
and fully complied with by the State.
5.
That the obligation to comply with the Court’s judgments conforms to a basic tenet
of the law of the international responsibility of the State, as supported by international case
law, under which the States are required to comply with their international treaty
obligations in good faith (pacta sunt servanda) and, as previously held by the Court and
provided for in Article 27 of the Vienna Convention on the Law of Treaties of 1969, domestic
laws may not be invoked to justify non-fulfillment of pre-established international
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104, para.
60; Case of the Caracazo v. Venezuela. Monitoring Compliance with Judgment. Order of the Inter-American Court
of Human Rights of September 23, 2009, Considering clause 3, and Case of Cantoral-Huamaní and García-Santa
Cruz v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of
September 21, 2009, Considering clause 3.