3
they are parties.” For such purpose, the States must guarantee that the Tribunal’s decisions
are implemented domestically.1
4.
That in view of the final and non-appealable nature of the judgments of the Court, as
established in Article 67 of the American Convention, they should be complied with fully and
promptly by the State within the established term.
5.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, as supported by
international case law, under which States are required to comply with their international
treaty obligations in good faith (pacta sunt servanda) and, as previously held by the Court
and provided for in Article 27 of the Vienna Convention on the Law of Treaties of 1969,
States cannot invoke their municipal laws to escape their pre-established international
responsibility. The obligations imposed by the Convention upon State Parties bound all
powers and authorities of the State.2
6.
That the States Parties to the American Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic legal
systems. This principle applies not only to the substantive provisions of human rights
treaties (in other words, the clauses on protected rights), but also to procedural provisions,
such as the one concerning compliance with the Court’s judgments. These obligations shall
be interpreted and applied so that the guarantee protected is truly practical and effective,
bearing in mind the special nature of human rights treaties.3
7.
That every State Party to the Convention having recognized the contentious
jurisdiction of the Court has the duty to fulfill the obligations imposed by the Court. In this
regard, Peru is required to take such measures as may be necessary in order to effectively
comply with the Judgment of the Court. This duty includes the obligation of the State to
report to the Court on the measures adopted to comply with the decisions of the Court in
that Judgment. Timely fulfillment of the State’s obligation to report to the Court on the
exact manner in which it is complying with each of the aspects ordered by the latter is
essential to evaluate the status of compliance with the Judgment as a whole.
8.
That without adequate information from the State, this Court cannot exercise its
duty to monitor the execution of the judgments issued. In order to ensure and guarantee
the application of the protection and reparation measures issued, the Court must be able to
verify and have information regarding the execution of the Judgment, which is “the
materialization of the protection of the right acknowledged in the judicial ruling through the
correct application of said ruling.”4
1
Cf. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C No.
104, para. 131; and Case of Herrera-Ulloa v. Costa Rica. Monitoring Compliance with Judgment. Order of the
President of the Court of June 2, 2009, Considering clause No. 4, and Case of the Dismissed Congressional
Employees (Aguado-Alfaro et al.) v. Peru. Monitoring compliance with Judgment. Order of the Court of June 08,
2009, Considering clause No. 3.
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, Case of the Sawhoyamaxa Indigenous Community v. Paraguay.
Monitoring Compliance with Judgment. Order of the President of the Court of May 20, 2009, Considering clause No.
4; and Case of the Dismissed Congressional Employees (Aguado-Alfaro et al.) v. Peru, supra note 1, Considering
clause No. 4.
3
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Case of the Sawhoyamaxa Community v. Paraguay, supra note 2, Considering clause No. 2, and Case of Chaparro
Álvarez and Lapo Íñiguez v. Ecuador. Monitoring compliance with Judgment. Order of the Court of April 29, 2009,
Considering clause No. 6.
4
Cf. Case of Baena-Ricardo et al. v. Panama, supra note 1, para. 73.