10
1978 and that it accepted the contentious jurisdiction of the Court on January 21,
1981.
3.
That, pursuant to Article 68(1) of the American Convention, “[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” For such purpose, States are required to guarantee
implementation of the Court’s rulings at the domestic level.1
4.
That, given that the Court’s judgments are final and not subject to appeal, as
set out in Article 67 of the American Convention, said judgments are to be promptly
and fully complied with by the State.
5.
That the obligation to comply with the judgments of the Court conforms to a
basic principle of the Law of International Responsibility of States, upheld by
international case law, under which States are required to comply with their
international treaty obligations in good faith (pacta sunt servanda).
6.
That the States Parties to the Convention are required to guarantee compliance
with the provisions thereof and their effects (effet utile) at the domestic level. This
principle is applicable not only with regard to the substantive provisions of human
rights treaties (i.e. those dealing with the protected rights) but also with regard to
procedural rules, such as those 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, bearing in mind the special nature
of human rights treaties.2
7.
That the States Parties to the American Convention which have accepted the
contentious jurisdiction of the Court are under a duty to fulfill the obligations imposed
by this Court. This obligation includes the State’s duty to report on the measures
adopted to comply with the orders of the Court. Timely fulfillment of the State’s
obligation to report to the Court on the manner in which it is complying with each of
the aspects ordered by the latter is essential to evaluate the level of compliance with
the Judgment as a whole.3 Moreover, the General Assembly of the Organization of
American States has reiterated that, in order to enable the Court to fully meet its
obligation to report to the General Assembly on compliance with its judgments, it is
1
Cf. Case of Baena-Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 131; Case of Molina-Theissen. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of July 10, 2007, Considering clause No. 2; and Case of García-Asto and RamírezRojas. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of July 12,
2007, Considering clause No. 4.
2
Cf. Case of Ivcher-Bronstein. Competence. Judgment of September 24, 1999, para. 37; Case of
Gómez-Palomino. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights
of October 18, 2007, Considering clause No. 4; and Case of Molina-Theissen. Monitoring Compliance with
Judgment, supra note 1, Considering clause No. 4.
3
Cf. Case of Barrios Altos. Monitoring Compliance with Judgment. Order of the Inter-American Court
of Human Rights of September 22, 2005, Considering clause No. 7; Case of Gómez-Palomino. Monitoring
Compliance with Judgment, supra note 2, Considering clause No. 5; and Case of García-Asto and RamírezRojas. Monitoring Compliance with Judgment, supra note 1, Considering clause No. 8.
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