2
to Article 67 and 68(1) of the American Convention on Human Rights (hereinafter,
the "American Convention" or the "Convention"), and Articles 25(1) of the Statute
and Articles 14(1) and 29(2) of its Rules of Procedure, it was decided to summon the
Inter-American Commission on Human Rights (hereinafter, the "Commission" or the
“Inter-American Commission”), the representatives of the victims and their next-ofkin (hereinafter, the "representatives") and the State of Guatemala (hereinafter, the
"State" or "Guatemala") to a hearing to be held in private on November 23, 2007
with the purpose of obtaining information from the State regarding compliance with
aspects of the Judgments on the merits and on reparations delivered in the case at
hand (supra Having Seen clauses 1 and 2) that are still pending compliance and
receiving the observations submitted by the Commission and the representatives.
5.
The brief of November 21, 2007, by which Mr. Mark Martel, representative of
some of the victims, referred to the compliance with the Judgments and pointed out
that he could not attend the private hearing called by the President.
6.
The hearing held in private by the Court at its seat in San José of Costa Rica
on November 23, 2007,1 during which the State and the Inter-American Commission
made reference to the aspects of the Judgment that are still pending compliance in
the case at hand.
7.
The documents submitted by the State during the hearing held in private on
November 23, 2007, at the seat of the Court.
CONSIDERING:
1.
It is an inherent power of the judicial functions of the Court to monitor
compliance with its decisions.
2.
That Guatemala has been a State Party to the American Convention since May
25, 1978, and that it accepted the binding jurisdiction of the Court on March 9, 1987.
3.
That article 68(1) of the American Convention stipulates 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”. Therefore, the States must ensure that the rulings
set out in the decisions of the Court are implemented at the domestic level.2.
4.
That, in consideration of section 67 of the American Convention which
stipulates that the judgment of the Court shall be final and shall not be subject to
appeal, such judgment shall be fully and promptly complied with by the State.
1
Pursuant to Article 62 of the Rules of Procedures, the Court held the hearing together with the
following commission of Judges: Judge Sergio García Ramírez, President; Judge Leonardo A. Franco and
Judge Rhadys Abreu Blondet. To this hearing, there appeared: a) on behalf of the Inter-American
Commission: Florentín Meléndez, President of the Commission and Delegate; Lilly Ching and Manuela Cuvi
Rodríguez, advisors, and b) on behalf of the State of Guatemala: Frank La Rue Lewy, President of
COPREDEH; Juan José Barrios Taracena, Ambassador to Guatemala in Costa Rica; María Elena de Jesús
Rodríguez López, Carol Angélica Quiros Ortiz, Lesbia Andina Contreras Santos and Vivian Noemí González
Westendorff, advisors of the Legal Division of COPREDEH.
2
Cf. Case of Baena Ricardo et al . Competence. Judgment of November 28, 2003. Series C No.
104, para 131; Case of García Asto and Ramírez Rojas. Monitoring compliance with Judgment. Order of
July 12, 2007; Considering Clause four and Case of Molina Theissen. Monitoring compliance with
Judgment. Order of July 10, 2007; Considering Clause two.