-13dissenting opinions of the judge ad hoc […] and because the publication was
made in a newspaper with limited circulation, in smaller print than the print
used for advertisements, so that its impact was reduced”; and
(c) Regarding the obligation to designate a day dedicated to the children who
disappeared during the internal armed conflict for different reasons, the
designation made by the State should refer “explicitly […] to the
phenomenon of disappearance. The term ‘lost’ suggests that the victims’ next
of kin were responsible.”
CONSIDERING:
1.
That it is an inherent attribute of the jurisdictional functions of the Court to
monitor compliance with its decisions.
2.
That El Salvador has been a State Party to the American Convention since
June 23, 1978, and accepted the compulsory jurisdiction of the Court on June 6,
1995.
3.
That, Article 68(1) of the American Convention establishes 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.” Consequently, the State must ensure the
implementation of the decisions in the Court’s judgments at the domestic level.1
4.
That in view of the definitive and unappealable nature of the judgments of
the Court, pursuant to Article 67 of the American Convention, the State must comply
with them promptly and completely.
5.
That the obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the
State, supported by international case law, according to which a State must fulfill its
international treaty obligations in good faith (pacta sunt servanda) and, as this Court
has already indicated and as established in Article 27 of the 1969 Vienna Convention
on the Law of Treaties, a party may not invoke the provisions of its internal law as
justification for its failure to perform a treaty.2 The treaty obligations of the States
Parties are binding for all the powers and organs of the State.
6.
That 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 is applicable with regard not only to the substantive
norms of human rights treaties (that is, those which contain provisions on the
protected rights), but also with regard to the procedural norms, such as those
referring to compliance with the decisions of the Court. These obligations shall be
1
Cf. Case of Bámaca Velásquez. Compliance with judgment. Order of the Inter-American Court of
Human Rights of July 4, 2006, third considering paragraph; Case of the “Five Pensioners”. Order of the
Inter-American Court of Human Rights of July 4, 2006, third considering paragraph; and Case of the 19
Tradesmen. Order of the Inter-American Court of Human Rights of February 2, 2006, third considering
paragraph.
2
Cf. Case of Bámaca Velásquez. Compliance with judgment, supra note 1, fifth considering
paragraph; Case of the “Five Pensioners”, supra note 1, seventh considering paragraph; and Case of the
19 Tradesmen, supra note 1, fifth considering paragraph.
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