-5way that the guarantee protected is truly practical and effective, taking into account the
special nature of human rights treaties.8
8.
The State Parties to the Convention that have also recognized the binding
jurisdiction of the Court have the duty to comply with the obligations established by the
Court. This obligation includes the State’s duty to inform the Court about the measures
adopted to comply with the orders of the Court in said decisions. The prompt compliance
by the State with its obligation to update the Court on the steps it has taken to comply
with each of the orders made by the Court is fundamental to the evaluation of the status
of compliance with the Judgment.9 Moreover, the General Assembly of the Organization of
American States has reiterated that, in order to enable the Court to fully meet its
obligation to report to the General Assembly on compliance with its judgments, it is
necessary for the State Parties to provide, in a timely fashion, the information requested
by the Court.10
9.
The duty to inform the Court about the compliance with its Judgment constitutes an
obligation that requires, in order to be fully complied, the formal submission of a
document within the term set as well as the specific, true, current and detailed material
reference to the issues that fall within the scope of said obligation.11
10.
In its Judgment the Court ordered the State to submit a report on the measures
taken in order to comply with said Judgment, within one year from its notification (supra
Having Seen 1). Despite the fact that after said term had elapsed, the Secretariat, on
three occasions and following instructions from the President, required the State to submit
said report (supra Having Seen 3, 4 and 5), it has not been presented so far.
11.
Since said report from the State on the measures taken in compliance with the
Judgment has not been received, this Court has been unable to exercise its monitoring
function regarding the implementation of its judgments. Therefore, the State has not
complied with its treaty obligation.
12.
There has been a lack of participation and collaboration from the State since the
instant case was brought before the Court. In this regard, the Court has deemed that the
State’s inactivity before an international human rights jurisdiction, or its lack of
8
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Gómez-Palomino v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of October 18, 2007, Considering paragraph fourth, and García-Asto and Ramírez-Rojas v. Peru.
supra note 5, Considering paragraph seventh.
9
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of November 17, 2004, Considering paragraph seventh; Case of Gómez-Palomino v. Peru.
supra note 9, Considering paragraph fifth, and Case of García-Asto and Ramírez-Rojas v. Peru. supra note 5,
Considering paragraph eighth.
10
Cf. Organization of American States General Assembly, “Observations and Recommendations on the
Annual Report of the Inter-American Court of Human Rights”, Resolution AG/RES. 2292 (XXXVII-O/07) adopted
at the fourth plenary session, June 5, 2007.
11
Cf. Matter of Liliana Ortega et al. Provisional Measures. Order of the Inter-American Court of Human
Rights of December 2, 2003, Considering paragraph twelfth; Case of Cantos v. Argentina. Monitoring Compliance
with Judgment. Order of the Inter-American Court of Human Rights of July 12, 2007, Considering paragraph
eighth, and Case of Suárez-Rosero v. Ecuador. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of July 10, 2007, Considering paragraph fifth.
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