5
abide by their international treaty obligations in good faith (pacta sunt servanda) and, as
set forth by this Court and in Article 27 of the Vienna Convention on the Law of Treaties of
1969, States cannot, for domestic reasons, ignore their international responsibility.3 The
treaty obligations of State Parties are binding on all branches and bodies of the State.4
7.
The States Parties to the Convention must guarantee compliance with the
provisions thereof and their effectiveness (effet utile) within their domestic legal systems.
This principle applies not only to the substantive provisions of human rights treaties (i.e.,
those addressing protected rights), but also to procedural provisions, such as those
concerning compliance with the Court’s decisions. These obligations should be interpreted
and enforced in such a manner that the protected guarantee is truly practical and
effective, bearing in mind the special nature of human rights treaties.5
8.
The States Parties to the American Convention that have accepted the compulsory
jurisdiction of the Court have the obligation to comply with the obligations set forth by the
Court. This obligation includes the State's duty to inform the Court about the measures
taken to comply with the Court's provisions in the said Judgment. Timely fulfillment of the
State's obligation to advise the Court how it is complying with each of the points ordered
is essential in order to assess the status of compliance of the case.6 Also, the General
Assembly of the Organization of American States (hereinafter "OAS") has reiterated that
in order for the Court to fully meet its obligation to report on compliance with its
judgments, it is necessary for State parties provide the information required from them .7
9.
As for monitoring compliance with the judgments, Article 69 of the Rules of Court
states that:
1.
The procedure to monitor compliance with judgments and other decisions of the Court
shall be carried out through the submission of reports by the State and observations of such
reports by the victims or their legal representatives. The Commission shall present observations
on the State reports and the observations of victims or their representatives.
a.
[…]
3
Cf. International responsibility for the issuance and application of laws that violate the Convention (Art.
1 and 2 of the American Convention on Human Rights). Advisory Opinion AO-14/94 of December 9, 1994. Series
A No. 14, para. 35; Case of Vargas Areco v. Paraguay, supra note1, Considering Clause four, and Case of the
Comunidad Moiwana v. Surinam, supra note1, Considering Clause five.
Cf. Case Castillo Petruzzi et al. v. Peru. Compliance with Judgment. Order of November 17, 1999. Series C No.
59, Considering Clause three; Case of Vargas Areco v. Paraguay, supra note1, Considering Clause four, and Case
of the Moiwana Community v. Surinam, supranote1, Considering Clause five.
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Case of Vargas Areco v. Paraguay, supra note 1, Considering Clause five, and Case of the Moiwana Community
v. Surinam, supra note 1, Considering Clause six.
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment Order of the Court of September 22,
2005, Considering Clause seven; Case of Bámaca Velásquez v. Guatemala. Monitoring Compliance with
Judgment. Order of the Court of November 18, 2010, Considering Clause seven, and Case of the Community
Moiwana v. Surinam, supra note 1, Considering Clause seven.
7
AG/RES 2292 (XXXVII-O/07) Resolution of the General Assembly of the OAS passed in the fourth
plenary session, held on June4 , 2007, entitled "Observations and Recommendations on the Annual Report of the
Inter-American Court of Human Rights, operative paragraph four; AG/RES 2408 (XXXVIII-O/08) Resolution of
the General Assembly of the OAS PASSED at the fourth plenary session, held on June 3, 2008, entitled
"Observations and Recommendations on the Annual Report of the Inter-American Court of Human Rights,"
operative paragraph four, and AG/RES. 2500 (XXXIX-O/09) Resolution of the OAS General Assembly adopted at
the fourth plenary session, held on June 4, 2009, entitled "Observations and Recommendations on the Annual
Report of the Inter-American Court of Human Rights" , operative paragraph four.