5
which they are parties.” 4 Therefore, the States must ensure that the rulings set out
in the decisions of the Court are implemented at the domestic level. 5
4.
That the obligation to comply with the decisions of the Court’s judgments
conforms to a basic principle of the international responsibility of the State,
supported by international case law, according to which a State must comply with its
international treaty obligations in good faith (pacta sunt servanda). 6 The treaty
obligations of States Parties are binding on all the States’ powers and organs. 7
5.
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 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 intended to be interpreted and
enforced in a manner such that the protected guarantee is truly practical and
effective, taking into account the special nature of human rights treaties. 8
6.
That according to the operative paragraph three of the Judgment on the
merits (supra Having Seen clause 1) and two of the Judgment on the reparations
(supra Having Seen clause 2), the State must, inter alia, investigate the facts of the
case at hand, identify and, if applicable, punish the responsible and adopt all
measures in its domestic law that are necessary to comply with this obligation; of
which it will inform the Court, semiannually, until the end of the corresponding
actions.
7.
That, in the Order issued by the Court on November 27, 2003 (supra Having
Seen clause 4), the Court verified that the State complied with the payment of the
compensation ordered by the Court in favor of the following next of kin of the victim:
Richard Blake, Mary Blake, Richard Blake Jr. and Samuel Blake (Operative Paragraph
two of the Judgment on the reparations of January 22, 1999). Furthermore, it also
verified that the State sentenced Mr. Vicente Cifuentes López to 28 years
imprisonment as responsible for the disappearance and murder of Nicholas Chapman
4
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No.
104, para. 60; Case of Gómez Palomino. Monitoring Compliance with Judgment. Order of October 18,
2007; Considering Clause seven.
5
Cf. Case of Baena Ricardo et al. Competence, supra note 4, para. 131; Case of García Asto and
Ramírez Rojas. Monitoring Compliance with Judgment; supra note 5, Considering clause four and Case of
Molina Theissen. Monitoring Compliance with Judgment. Order of July 10, 2007; Considering Clause two.
6
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;
Case of García Asto and Ramírez Rojas, supra note 5, Considering clause six; Case of Molina Theissen,
supra note 5, Considering clause three, and Case of Bámaca Velásquez. Monitoring Compliance with
Judgment Order of the Inter-American Court of Human Rights of July 10, 2007, Considering Clause three.
7
Cf. Case of Baena Ricardo et al. Competence, supra note 4, para.60; Case of Gomez Palomino.
Monitoring Compliance with Judgment, supra note 4; Considering clause seven and Case of García Asto
and Ramírez Rojas. Monitoring compliance with Judgment. Order of July 12, 2007; Considering Clause six.
8
Cf. Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Gómez Palomino. Monitoring Compliance with Judgment, supra note 4; Considering
Clause four and Case of García Asto and Ramírez Rojas, supra note 5, Considering clause seven.