-6-
case to which they are parties.” The treaty obligations of States Parties are binding on
all State powers and organs.
7.
That the obligation to comply with the judgment of the Court conforms to a
basic principle of the Law of International Responsibility of States, upheld by
international case law, under which States must comply with their international treaty
obligations in good faith (pacta sunt servanda) and, as previously held by this Court
and provided for in Article 27 of the Vienna Convention on the Law of Treaties of 1969,
States may not invoke the provisions of its internal law to escape their pre-established
international responsibility.3 Otherwise, the rights enshrined in the American
Convention would be devoid of effective protection or effet utile under the domestic
law of States Parties.
*
*
*
8.
That, in accordance with the Orders of the Court of August 30, 2004 (supra
Having Seen clause No. 1) and July 4, 2006 (supra Having Seen clause No. 4), the
State is under the obligation to adopt all “measures necessary” to protect the life of
Bernardino Rodríguez-Lara and Pablo Arturo Ruiz-Almengor so as to avoid hindering
the proceedings before the Inter-American Human Rights Protection System.
9.
That the information provided by the State, which was not disputed by the
representatives or the Commission, indicates that on February 15, 2005, the Corte
Suprema de Justicia (Guatemalan Supreme Court of Justice) ordered the “temporary
stay” of the execution of the death sentences imposed on Messrs. Rodríguez-Lara and
Ruiz-Almengor (supra Having Seen clauses No. 5 and 7).
10.
That, in relation to the aforesaid temporary stay, the Commission stated that in
order to ensure compliance with the order of the Court, the courts in charge of criminal
sentence execution should adopt the relevant provisional measures by means of court
orders. In addition, the representatives pointed out that the appeals for review filed in
the criminal proceedings brought against Ruiz-Almengor and Rodríguez-Lara in order
to have their death sentences reversed, and a new sentence issued, imposing
punishment “proportional to the nature and severity of the offense,” are still pending
(supra Having Seen clauses No. 6 and 8).
11.
That, in the opinion of this Court, the obligation of the State is to be interpreted
and enforced in a manner such that the protected guarantee is truly practical and
effective, bearing in mind the specific purpose of such measures, which, in the instant
case, is to protect the life of the beneficiaries.
12.
That the States may decide, in accordance with their respective domestic law,
the best way to comply with the measures ordered by the Court, on the understanding
that it would be inadmissible to subject the mechanism provided for in the American
3
Cf. Case of Yatama. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of November 29, 2006, Considering clause No. 5; Case of Cesti-Hurtado. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of September 22, 2006,
Considering clause No. 7; and Case of Ricardo Canese. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of September 22, 2006, Considering clause No. 6.
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