4
6.
That the States Parties to the Convention must guarantee compliance with the
provisions thereof and their effects (effet utile) at the domestic-law level. This principle
applies not only in connection with the substantive provisions of human rights treaties (i.e.
those dealing with the rights thereby protected) but also in connection with procedural
rules, such as the ones concerning compliance with the decisions of the Court. These
obligations are to be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, considering the special nature of human rights
treaties.4
7.
That those States Parties to the Convention which have recognized the binding
jurisdiction of the Court must comply with the obligations established by the Court. In this
regard, Argentina is required to take all such steps as may be required to effectively comply
with the rulings of the Court as laid down in the Judgment of September 18, 2003. This
obligation includes the State's duty to report on the measures taken to comply with the
Court’s orders contained in the aforementioned Judgment. Timely fulfillment of the State’s
obligation to report to the Court on the exact manner in which it is complying with each one
of the aspects ordered by the latter is essential to evaluate the status of compliance with
the Judgment as a whole.
*
*
*
8.
That, as regards the obligation to continue and complete the investigation of the
facts of the instant case, the State reported that, on December 23, 2004 and based on the
Judgment rendered in this case, the Supreme Court of Justice overturned the appealed
judgment whereby the criminal action brought against a defendant for the aggravated illegal
imprisonment of Walter David Bulacio was dismissed under the statute of limitations.
According to the State, faced with the ruling of the Supreme Court of Justice, “the
[defendant’s] attorneys again moved for the dismissal of the criminal action based on the
statute of limitations in reliance upon Section 67 of the Criminal Code, which motion was
rejected in limine by the Prosecutor’s Office and […] allow[ed] by the relevant Court.
Thus[,] the case file was submitted to Division VI of the Criminal Appellate Court.” “[O]n
March 2, 2006, the General Prosecutor […] asked Division VI of the National Criminal and
Correctional Appellate Court to ‘urgently’ decide the ancillary proceeding initiated as a result
of the appeal filed by the [d]efense.” On June 26, 2007, Division VI disallowed the
defendant’s appeal. Notwithstanding the foregoing, the State announced that, “in spite of
the critical decision of the [Supreme Court of Justice,] the investigation, which is a
necessary pre-requisite to determine the [relevant] sanctions, has not come to an end.” It
should be noted that the President of Argentina has acknowledged that “the judicial delays
[in this case have been the] reason [why] from 1996 to date the defense has not replied to
the criminal charges and the next of kin have been systematically denied inclusion as
complainants in the case.”
9.
That, in this regard, the representatives stated that “the Supreme Court’s judgment
[of December 23, 2004] is just the first step, as the relevant domestic courts have yet to
responsibly carry out the State’s obligation to continue the criminal and administrative
investigations into all of the facts of the case.” Moreover, they noted that “there is no
Bámaca-Velásquez, supra note 2, twenty-fourth considering clause, and Case of Vargas-Areco, supra note 2, fifth
considering clause.
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Vargas-Areco, supra note 2, sixth considering clause, and Case of Goiburú et al., supra note 1,
sixth considering clause.