5
6.
That the States Parties to the American Convention are required to guarantee
compliance with the provisions thereof and secure 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 those 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, considering the special
nature of human rights treaties.4
*
*
*
7.
That in its Order of November 17, 2004, the Court urged the State to take all
necessary steps to fully and promptly complied with the measures pending compliance
and, to that end, it deemed it essential to keep open the proceedings for monitoring
compliance with its Judgment (supra Having Seen clause 3).
*
*
*
8.
That in relation to operative paragraph one of the Judgment regarding the
investigation, identification and, if applicable, punishment of those responsible for the
facts, the State submitted information on the investigations conducted in the Caracazo
proceedings and pointed out that most of them were expedited in 2001. Specifically, it
referred to the adoption of various steps in the different criminal proceedings, such as,
inter alia, the criminal charges brought (in both cases), the requests for information
regarding the preliminary and investigative stages of the proceedings, the remittance of
official letters to State agencies, the remittance of medical and dental histories, the
service of summonses to the victims’ next of kin and to the witnesses, an arrest warrant,
the meetings held with the victims’ next of kin and with the witnesses and the request
for elements such as photographs and medical histories to the victims’ next of kin.
Furthermore, it pointed out that the Public Prosecutors’ Offices commissioned to
investigate, proceeded with the pertinent investigations. At the private hearing, the State
did not refer to any further progress in the investigations regarding these cases, but
reaffirmed its commitment to advance towards achieving it. Besides, regarding a case in
which in 2006 the Chamber on Constitutional Matters of the Supreme Court of Justice
(hereinafter the “Constitutional Chamber”)5 ratified the discontinuance of the case on
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Monitoring Compliance with Judgment,
supra note 1, Considering clause 6; and Case of Chaparro-Álvarez and Lapo-Íñiguez v. Ecuador. Monitoring
Compliance with Judgment, supra note 1, Considering clause 6.
5
In said Judgment, the Chamber on Constitutional Matters of the Supreme Court of Justice in its
relevant parts “revok[ed] the Judgment of August 13, 2004, rendered by Chamber Nº 10 of the Court of
Appeals of Caracas Metropolitan Area Criminal Judicial Circuit, which admitted the appeal filed against the
Judgment of July 16, 2004, delivered by the Thirty-third Control Court of the First Instance of the same
Criminal Judicial Circuit, which declared the discontinuance of the criminal proceeding brought by citizen Pedro
Colmenares-Gómez.”