6.
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.4
7.
The States Parties to the Convention that have accepted the Court’s compulsory
jurisdiction must comply with the obligations established by the Court. This duty includes
the State’s obligation to inform the Court on the measures adopted to comply with the
decisions taken by the Court in the said judgments. Prompt observance of the State’s
obligation to inform the Court of how it is complying with each aspect ordered by the latter
is essential in order to assess the status of compliance with the Judgment as a whole.5
8.
Pursuant to the third operative paragraph of the Order of the Court of June 28, 2012
(supra having seen paragraph 2), in this Order, the Court will evaluate the following aspects
that remain pending: (a) compliance with the third payment to the heirs of two victims,
Mario Pino and Ricardo Rivera; (b) compliance with the fourth payment to three victims
(César De Obaldia, Luis Osorio and David Jaen Marin), and will also refer to: (c) other
aspects related to compliance with the Judgment that the parties have mentioned to the
Court.
a) Third payment to the heirs of two victims
9.
In its Order of February 22, 2011, the Court indicated that the third payment to the
heirs of two deceased victims was pending, because the official ruling on their status as
heirs was awaited; consequently, the State was asked to provide the corresponding
information.6 However, owing to the absence of information from the State and the
representatives, in its Order of June 28, 2012, the Inter-American Court again requested
the State to forward the pertinent explanations or, if appropriate, the vouchers confirming
the third payment to the heirs of the said victims.7
10.
In August 2012, the State advised that Mario Pino, one of the victims regarding
whom the Court had requested the voucher confirming the third payment to his heirs, “is
1994. Series A No. 14, para. 35, and Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of
the Court of September 7, 2012, fourth considering paragraph.
3
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring compliance with judgment. Order of the Court of
November 17, 1999, third considering paragraph, and Case of Barrios Altos v. Peru. Order of the Court of
September 7, 2012, fourth considering paragraph.
4
Cf. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999, Series C No. 54,
para. 37, and Case of Vargas Areco v. Paraguay. Monitoring compliance with judgment. Order of the Court of
September 4, 2012, fifth considering paragraph.
5
Cf. Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the Court of September
22, 2005, seventh considering paragraph, and Case of Salvador Chiriboga v. Ecuador. Order of the Court of
October 24, 2012, third considering paragraph.
6
Cf. Case of Baena Ricardo et al. v. Panama. Monitoring compliance with judgment. Order of the Court of
February 22, 2011, fourteenth and fifteenth considering paragraphs.
7
Cf. Case of Baena Ricardo et al. v. Panama. Monitoring compliance with judgment. Order of the Court of
June 28, 2012, twenty-fourth considering paragraph.
3