already been established.2 The conventional obligations of the States Parties bind all powers
and organs of the State.3
5.
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 applies not only in connection with the substantive norms of human rights treaties
(i.e. those dealing with provisions on protected rights) but also in connection with
procedural rules, such as the ones concerning compliance with the decisions of the Court.
These obligations are intended to be interpreted and enforced in a manner that the
protected guarantee is truly practical and effective, taking into account the special nature of
human rights treaties.4
6.
The States Parties to the Convention that have recognized the contentious
jurisdiction of the Court must comply with the obligations established by the Court. This
obligation includes the State’s duty to report to the Court the measures adopted to comply
with that ordered by the Court in its rulings. Prompt observance of the State’s obligation to
report to the Court how it is complying with each of the operative paragraphs ordered is
essential to assess the state of compliance of the Judgment as a whole.5
A) The State’s obligation to carry out all actions necessary to identify,
prosecute, and if applicable, punish the perpetrators of the violations
committed against the victims, and to remove all obstacles and
mechanisms of fact and of law that have maintained impunity in the
instant case (operative paragraph eight of the Judgment)
7.
The State reported that on November 10, 2008, Roxana Sierra Ramírez was
sentenced to serve a prison term of one year at Centro Femenino de Adaptación Social
(CEFAS), as well as “additional punishments of limited disqualification for double the time of
the sentence and deprivation of civil rights for the time of the sentence.” In addition, it
reported that on December 9, 2008, the commutation of her prison sentence was declared.
It also indicated that a commitment order was issued against Alberto José Alfaro for the
crimes of illegal detention and murder, and that the defendant was released on bail. In
addition, the State indicated that it issued an international arrest warrant to INTERPOL
against Habram Mendoza, Marco Julio Regalado Hernández, and José Antonio Martínez
Arrazola, as it is known that these individuals live abroad. In the communication of
September 9, 2011, the State concluded by indicating that the investigations related to the
case continue, and that it would subsequently report on their progress.

2

Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC-14/94 of December
9, 1994. Series A No. 14, para. 35, and Case of the Yean and Bosico Girls v. The Dominican Republic, supra note 1,
Considering clause five.

3

Cf. Case of Castillo Petruzzi et al. v. Perú. Monitoring Compliance with Judgment. Order of the Court of
November 17, 1999, Considering clause three, and Case of the Yean and Bosico Girls v. The Dominican Republic,
supra note 1, Considering clause five.

4

Cf. Case of Ivcher Bronstein v. Perú. Jurisdiction. Judgment of September 24, 1999. Series C No. 54,
para. 37, and Case of the Yean and Bosico Girls v. The Dominican Republic, supra note 1, Considering clause six.

5

Cf. Case of Barrios Altos v. Perú. Monitoring Compliance with Judgment. Order of the Court of September
22, 2005, Considering clause seven, and Case of “Las Dos Erres” Massacre v. Guatemala. Monitoring Compliance
with Judgment. Order of the Court of July 6, 2011, Considering clause six.

3

Select target paragraph3