2
3.
That, in consideration of section 67 of the American Convention which
stipulates that the judgment of the Court shall be final and shall not be subject to
appeal, such judgment shall be fully and promptly complied with by the State.
Furthermore, section 68(1) of the American Convention stipulates 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.” Therefore, the States must ensure that the rulings
set out in the decisions of the Court are implemented at the domestic level.2
4.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, under which States
are required to fulfill 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, States cannot invoke their
municipal laws to escape from their pre-established international responsibility.3 The
treaty obligations of States Parties are binding on all the States’ powers and organs.4
5.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle applies not only in connection with the substantive
provisions of human rights treaties (i.e. those dealing with provisions on protected
rights) but also in connection with procedural rules, such as the ones concerning
compliance with the decisions of the Court. Such obligations are intended to be
interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, taking into account the special nature of human rights
treaties.5
2
Cf. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003.
Series C No. 104, para 131; Case of Garcia-Asto and Ramirez-Rojas v. Peru. Monitoring Compliance with
Judgment Order of the Inter-American Court of Human Rights of July 12, 2007; fourth Considering Clause;
Case of Molina-Theissen v. Guatemala. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of July 10, 2007, second Considering Clause.
3
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Articles 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
September 9, 1994, Series A Nº.14, para. 35; Case of Garcia-Asto and Ramirez-Rojas v. Peru. Monitoring
Compliance with Judgment. Supra 1; Sixth Having Seen Clause and Case of Molina-Theissen v.
Guatemala, Monitoring Compliance with Judgment, supra note 2, Third Having Seen Clause.
4
Cf. Case of Baena-Ricardo et al. v. Panama Competence, supra note 2, para.60; Case of GómezPalomino v. Peru. Monitoring compliance with Judgment. Seventh Having Seen Clause and Case of GarciaAsto and Ramirez-Rojas v. Peru, supra note 2, Sixth Having Seen Clause.
5
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C
No. 54, para. 37; Case of Garcia-Asto and Ramirez-Rojas v. Peru, Monitoring Compliance with Judgment.
Order of the Inter-American Court of Human Rights of July 12, 2007, Seventh Having Seen Clause; Case
of Molina-Theissen v. Guatemala. Monitoring compliance with Judgment, supra note 2, Fourth Having
Seen Clause.
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