34
judgment pending compliance, to urge the State to comply with the Court’s
decisions,75 to request detailed information on the measures taken to comply with
specific measures of reparation,76 and to provide instructions for compliance, as well
as to clarify aspects relating to execution and implementation of the reparations
about which there is a dispute between the parties.77
106. This written procedure allows the Courts to monitor compliance with its
judgments and guarantees respect for the adversarial principle, since both the State
and the Inter-American Commission and the victims or their legal representatives
are able to provide the Court with all the information they deem relevant concerning
compliance with the Court’s decisions. Hence, the Court does not issue an order or,
through another act, consider the status of compliance with its judgment without
first examining the reports presented by the State and the respective comments
forwarded by the Commission and the victims or their legal representatives.
However, it should be explained that, although the stage of monitoring compliance
with judgment has been developed through this written procedure and a public
hearing has never been convened during this stage, if, in the future, the Court
considers it appropriate and necessary, it can convene the parties to a public hearing
to listen to the arguments on compliance with the judgment.78 There is no provision
in the Convention or in the Statute and the Rules of Procedure of the Court that
requires the latter to hold public hearings to decide on the merits of a case and order
reparations, so it may be inferred that neither is it necessary to hold hearings to
consider compliance with judgments, unless the Court considers it essential.
107. Since it issued its first judgments on reparations in 1989, the Court has
monitored compliance with the judgments delivered in the contentious cases through
this written procedure constantly and without interruption – even in the cases in
which the defendant States acknowledged their international responsibility – and, to
75
Cf. inter alia, El Amparo case. Compliance with judgment. Order of the Inter-American Court of
Human Rights of November 28, 2002, sixth considering paragraph and second operative paragraph;
Caballero Delgado and Santana case. Compliance with judgment. Order of the Inter-American Court of
Human Rights of November 27, 2002, eighth considering paragraph and second operative paragraph; and
Benavides Cevallos case. Compliance with judgment. Order of the Inter-American Court of Human Rights
of November 27, 2002, sixth considering paragraph, and first and second operative paragraphs.
76
Cf. inter alia, “The Last Temptation of Christ” case (Olmedo Bustos et al.). Compliance with
judgment. Order of the Inter-American Court of Human Rights of November 28, 2002, tenth considering
paragraph and second operative paragraph; Barrios Altos case. Compliance with judgment. Order of the
Inter-American Court of Human Rights of November 22, 2002, fifth considering paragraph and first
operative paragraph; Neira Alegría et al. case. Compliance with judgment. Order of November 28, 2002,
ninth considering paragraph and second operative paragraph; and Caballero Delgado and Santana case.
Compliance with judgment. Order of the Inter-American Court of Human Rights of December 4, 2001,
having seen paragraphs 5 and 6, and operative paragraphs.
77
Cf. Benavides Cevallos case. Compliance with judgment. Order of September 9, 2003, sixth and
seventh considering paragraphs and first operative paragraph; Suárez Rosero case. Compliance with
judgment. Order of the Inter-American Court of Human Rights of December 4, 2001, having seen
paragraphs 4, 5 and 7 and operative paragraphs; Durand and Ugarte case. Compliance with judgment.
Order of the Inter-American Court of Human Rights of June 13, 2002, having seen paragraph 4, second
considering paragraph and second operative paragraph; and Caballero Delgado and Santana case.
Compliance with judgment. Order of the Inter-American Court of Human Rights of December 4, 2001,
having seen paragraph 3, second considering paragraph and first operative paragraph.
78
In the El Amparo case, in its Order of November 20, 2000, the Court indicated that “it considered
it necessary” to convene the parties to a public hearing on compliance with the judgment. Cf. El Amparo
case. Compliance with judgment. Order of the Inter-American Court of Human Rights of November 20,
2000, second, fourth and fifth considering paragraphs.
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