3
6.
The brief dated July 23, 2009, whereby the Inter-American Commission on
Human Rights (hereinafter referred to as “the Inter-American Commission” or “the
Commission”) forwarded its observations to the report submitted by the State and to
the observations forwarded by the representatives.
CONSIDERING,
1.
That monitoring the compliance with its Orders is a power inherent to the
Court’s jurisdictional functions.
2.
That Peru is a State Party to the American Convention on Human Rights
(hereinafter referred to as “the American Convention” or “the Convention”) since July
28, 1978, and it has acknowledged the adversarial jurisdiction of the Court on
January 21, 1981.
3.
That Article 68(1) of the American Convention sets forth that “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” For that purpose, the States must ensure the
implementation of the Court Orders at domestic level.1
4.
That by virtue of the final and unappealable nature of the Court judgments, in
accordance with Article 67 of the American Convention, these must be immediately
complied with by the State in their totality.
5.
That the obligation to comply with the Court judgments corresponds to a
basic legal principle of international liability of the State, supported by international
case law, according to which every treaty in force is binding upon the parties to it
and must be performed by them in good faith (pacta sunt servanda) and, as already
pointed out by this Court and pursuant to Article 27 of the Vienna Convention on the
Law of Treaties, 1969, a party may not invoke the provisions of its internal law as
justification for its failure to perform a treaty.2 The conventional obligations of the
States Parties are binding upon all of the State powers and bodies.3
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003.
Series C No. 104, par. 131; Case of Herrera-Ulloa v. Costa Rica. Monitoring Compliance with Judgment.
Order of the Inter-American Court of Human Rights of July 9, 2009, Considering Clause No. three, and
Case of Pueblo Bello Massacre v. Colombia. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of July 9, 2009, Considering Clause No. three.
1
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994, par. 35; Case of Herrera-Ulloa, supra note 1, Considering Clause No. five, and Case of
the Pueblo Bello Massacre, supra note 1, Considering Clause No. five.
2
3
Cf. Case of Castillo-Petruzzi et al. v. Peru. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of November 17, 1999. Series C No. 59, Considering clause No.
three; Case of Herrera-Ulloa, supra note 1, Considering Clause No. five, and Case of the Pueblo Bello
Massare, supra note 1, Considering Clause No. five.