-8of Treaties of 1969, States cannot invoke their municipal laws to escape their preestablished international responsibility. 2 The treaty obligations of States Parties are
binding on all State powers and organs.
6.
That the States Parties to the Convention are required to guarantee
compliance with the provisions thereof and their effects (effet utile) at the domestic
law level. This principle applies not only in connection with the substantive provisions
of human rights treaties (i.e. those dealing with the protected rights) but also in
connection with procedural rules, such as the ones concerning compliance with the
decisions of the Court. Such obligations are to be interpreted and enforced in a
manner such that the protected guarantee is truly practical and effective, bearing in
mind the special nature of human rights treaties. 3
7.
That those States Parties to the Convention that have accepted the binding
jurisdiction of the Court are under a duty to fulfill the obligations set by the Court. In
this regard, Costa Rica is required to take such measures as may be required in
order to effectively comply with the Judgment of the Court on preliminary objections,
merits, reparations and costs of July 2, 2004 (supra Having Seen clause No. 1) and
its Orders on the status of compliance with said Judgment. This obligation includes
the State’s duty to report on the measures adopted to comply with such decisions of
the Court. 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 in this case.
*
*
*
8.
That, in monitoring comprehensive compliance with the Judgment on
preliminary objections, merits, reparations and costs delivered in the instant case,
and after having analyzed the information supplied by the State, the Inter-American
Commission and the victim’s representatives in their briefs on compliance with the
judgment (supra Having Seen clauses No. 4, 5, 7, 8 and 9), the Court has verified
which aspects of such Judgment are still pending compliance and which ones have
been partially complied with.
9.
That, in its Order of September 12, 2005 (supra Having Seen clause No. 2)
the Court verified that Costa Rica has partially complied with its obligations to pay
non-pecuniary damages and reimburse expenses, and that only payment of
arrearage interest is still pending. Pursuant to the ninth operative paragraph of the
Judgment of the Court, the State is required to pay arrearage interest accrued from
February 6, 2005 to the date of actual payment. As per the information provided to
the Court, payment of said interest is still pending. Through its Brief of January 30,
2006 (supra Having Seen clause No. 7), the State reported that, on October 20,
2005, it requested that the Minister of the Treasury “take all appropriate measures
Cf. Case of Five Pensioners. Compliance with Judgment, supra note 1, Considering clause No. 7;
Case of the Constitutional Court. Compliance with Judgment, supra note 1, Considering clause No. 5; and
Case of 19 Tradesmen. Compliance with Judgment, supra note 1, Considering clause No. 5.
2
3
Cf. Case of Five Pensioners. Compliance with Judgment, supra note 1, Considering clause No. 8;
Case of the Constitutional Court. Compliance with Judgment, supra note 1, Considering clause No. 6; and
Case of 19 Tradesmen. Compliance with Judgment, supra note 1, Considering clause No. 6.
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