42
tenth operative paragraph of this judgment “it decided[d] that it [would] supervise
compliance with th[e] judgment [...].”
126. After examining the measures taken by the State in its different briefs, the
Court concludes the following: a) although it had the authority to request an
interpretation of the judgment, owing to disagreement on the meaning and scope of
the provisions relating to the Court’s competence to monitor compliance with the
judgment, the State did not use the procedural measures established in Article 67 of
the Convention; b) the State presented numerous reports on compliance with the
judgment; c) the State did not contest the first order issued by the Court on
compliance with the judgment of June 21, 2002 (supra para. 12); d) the constant
conduct of the State implied a recognition of the Court’s authority to monitor
compliance with the judgment on merits and reparations and costs delivered in this
case; e) Panama only contested the Court’s authority to monitor compliance with its
judgments after the Court issued a second order on compliance with judgment on
November 22, 2002. It is worth emphasizing that this occurred two years after
delivery of the judgment on merits and reparations and costs in the case; and f)
despite questioning the Court’s monitoring function, the State has continued to
provide the Court with information on the measures taken to comply with its
judgment, which reveals its recognition of the Court’s competence to monitor
compliance with its decisions.
127. In conclusion, the Court considers that there is no doubt that the State’s
conduct reveals that it recognized the Court’s competence to monitor compliance
with its decisions, and, in consequence, it has behaved thus during almost all the
monitoring procedure.
IV
CONCLUSIONS WITH REGARD TO MONITORING COMPLIANCE
WITH THE DECISIONS OF THE COURT
128. The Court, like any body with jurisdictional functions, has the authority,
inherent in its attributions, to determine the scope of its own competence, and also
of its orders and judgments, and compliance with the latter cannot be left to the
discretion of the parties, because it would be inadmissible to subordinate the
mechanism established in the American Convention to restrictions that make the
Court’s function and, consequently, that of the human rights protection system
embodied in the Convention inoperable.99
129. Monitoring compliance with judgments is one of the elements of jurisdiction.
The effectiveness of the judgments depends on compliance with them.
130. Likewise, compliance with the decisions and judgments should be considered
an integral part of the right of access to justice, understood it is broadest sense.
The contrary would presume the very denial of this right. If the responsible State
99
Cf. Luis Uzcátegui case. Provisional Measures. Order of the Inter-American Court of Human Rights
of February 20, 2003, thirteenth considering paragraph; Hilaire, Constantine and Benjamin et al. case,
supra note 39, para. 19; Constantine et al. case. Preliminary objections, supra note 39, para. 73;
Benjamin et al. case. Preliminary objections, supra note 39, para. 73; and Hilaire case. Preliminary
objections, supra note 39, para. 82.
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