8
internal law as justification for its failure to perform a treaty.2 The treaty obligations
of the States Parties are binding for all the powers and organs of the State.
7.
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 is applicable not only with regard to the substantive
norms of human rights treaties (that is, those which contain provisions concerning
the protected rights), but also with regard to procedural norms, such as those
referring to compliance with the decisions of the Court. These obligations shall be
interpreted and applied so that the protected guarantee is truly practical and
effective, bearing in mind the special nature of human rights treaties.3
8.
That the State Parties to the Convention which have acknowledged the
binding jurisdiction of the Court have the duty to comply with the obligations
imposed by this Tribunal. In this respect, Peru has to adopt all the measures
necessary to effectively comply with the orders passed by the Court in its Judgment
of July 8, 2004 (supra Having Seen clause No. 1). This obligation includes the duty
on the part of the State to report to the Court on the measures adopted to comply
with the orders contained in the Court’s Judgment. Timely compliance with the
State’s obligation to report to the Court on how the State is complying with each of
the orders passed by the Court is fundamental to assess the status of compliance in
the case under review.
*
**
9.
That, on monitoring comprehensive compliance with the Judgment in the
present case, and after analyzing the information provided by the State, the
Commission, the victims and their representatives, by way of their submissions on
compliance with Judgment (supra Having Seen clauses No. 3, 4, 5, 6 and 8), The
Court has identified the orders contained in the Judgment that have been complied
with, as well as those which are still pending compliance.
10.
That the State remitted a copy of the videotape recorded during the
ceremony of acknowledgment of responsibility in amends for the events, held on July
15, 2005, evidencing the presence of the Vice-Minister of Justice, and the
representatives of the civil society, clergymen, means of communication and the
victims’ next of kin in this present case, including the presence of Ms. Jacinta Peralta
Allccarima, who held the floor and addressed the audience present at such event
(supra Having Seen clause No. 3(b)).
11.
That the State submitted copies of the publications of the relevant parts of
the Judgment, on December 22, 2005, in “El Peruano” official newspaper, and on
2
Cf. Case of the “Five Pensioners”. supra note 1, Considering clause No. 7; Case of BámacaVelásquez, supra note 1, Considering clause No. 5; and Case of the Juvenile Reeducation Institute, supra
note 1, Considering clause No. 5.
3
Cf. Case of the “Five Pensioners”, supra note 1, Considering clause No. 8; Case of Bámaca
Velásquez, supra note 1, Considering clause No. 6; and Case of the Juvenile Reeducation Institute, supra
note 1, Considering clause No. 6.
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