3
disappearance and alleged death of the victims, and the location of their mortal remains.
With regard to the payment of pecuniary compensations, they pointed out that they would
submit their observations in a subsequent report.
15.
The brief of September 22, 2009, whereby the Commission forwarded its
observations to the information provided by the State and to the brief of the
representatives.
CONSIDERING:
1.
That monitoring the compliance with its Orders is an inherent power to the
jurisdictional functions of the Court.
2.
That Colombia is a State Party to the American Convention on Human Rights
(hereinafter referred to as “the Convention” or “the American Convention”) since July 31,
1973, and it has acknowledged the mandatory jurisdiction of the Court on June 21, 1985.
3.
That Article 68(1) of the American Convention sets forth that “[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 that matter, the States must guarantee the implementation of the
Court Orders at domestic level.1
4.
That by virtue of the final and unappealable nature of the Court judgments, as set
forth by Article 67 of the American Convention, these must be immediately complied with by
the State in their totality.
5.
That the obligation to comply with the court Orders corresponds to a basic legal
principle of international liability of the State, supported by international case law, according
to which the States must fulfill their international conventional obligations in good faith
(pacta sunt servanda) and, as already pointed out by this Court and as set forth by Article
27 of the Vienna Convention on the Law of Treaties, 1969, a party may not invoke the
provisions of its internal law as justification for its failure to perform.2 The conventional
obligations of the States Parties are binding to all of the State’s powers and bodies.3
1
Cf. Case of Baena Ricardo et al. v. Panama. Jurisdiction. Judgment of November 28, 2003, Series C No.
104, par. 131; Case of Caracazo v. Venezuela. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of October 23, 2009, Considering Clause No. three, and Case of Cantoral-Huamaní and
García-Santa Cruz v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights of September 21, 2009, Considering Clause No. three.
2
Cf. International Responsibility for the Promulgation and Enforcement of laws in Violation of the
Convention (Articles 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994, par. 35; Case of Caracazo v. Venezuela, supra note 1, Considering Clause No. five, and Case of
Cantoral-Huamaní and García-Santa Cruz v. Peru, supra note 1, Considering Clause No. five.
3
Cf. Case of Castillo-Petruzzi et al. v. Peru. Compliance with Judgment. Order of the Inter-American Court
of Human Rights of November 17, 1999. Series C No. 59, Considering Clause No. three; Case of Caracazo v.
Venezuela, supra note 1, Considering Clause No. five, and Case of Cantoral-Huamaní and García-Santa Cruz v.
Peru, supra note 1, Considering Clause No. five.