4
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 not only with regard to the substantive norms of human rights treaties
(that is, those which contain provisions concerning the protected rights), but also with
regard to procedural norms, such as those referring to compliance with the decisions of the
Court. These obligations shall be interpreted and applied so that the protected guarantee is
truly practical and effective, bearing in mind the special nature of human rights treaties.3
7.
That the States Parties to the Convention that have accepted the Court’s compulsory
jurisdiction must comply with the obligations established by the Court. In this regard, Peru
must adopt all necessary measures to comply effectively with the decisions of the Court in
the Judgment (supra Having seen paragraph 1). This obligation includes the State’s duty to
report on the measures adopted to comply with the rulings of the Court in that judgment.
The prompt implementation of the State’s obligation to report to the Court on how each
element ordered by the Court is being fulfilled is essential to assess the status of compliance
in the case.4 Moreover, the OAS General Assembly has reiterated that, for the Court to
comply fully with its obligation to inform the Assembly about compliance with its rulings, the
States Parties must provide it with the information it requests promptly.5
*
*
*
8.
That, when monitoring full compliance with the Judgment in this case, and after
examining the information provided by the State, the Commission and the victims and their
representatives in their briefs on compliance with the Judgment (supra Having seen
paragraphs 4, 5 and 6), the Court has verified the aspects of the Judgment that the State
has complied with, as well as those that remain pending.
9.
That the information submitted by the State concerning the obligation to investigate
the facts relating to this case within a reasonable time, in order to identify, prosecute and, if
applicable, punish all the perpetrators of the violations committed to the detriment of Rafael
Samuel and Emilio Moisés Gómez Paquiyauri (ninth operative paragraph of the Judgment),
Cf. Case of Baena Ricardo et al. Monitoring compliance with judgment. Order of the Inter-American Court
of Human Rights of November 22, 2002, second and third considering paragraph; Sawhoyamaxa Indigenous
Community v. Paraguay. Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights
of February 8, 2008, fifth considering paragraph, and García Asto and Ramírez Rojas v. Peru. Monitoring compliance
with judgment. Order of the Inter-American Court of Human Rights of July 12, 2007, seventh considering
paragraph.
3
Cf. Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54, para. 37;
Yakye Axa Indigenous Community v. Paraguay. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of February 8, 2008, sixth considering paragraph, and Sawhoyamaxa Indigenous
Community v. Paraguay, supra note 2, sixth considering paragraph.
4
Cf. Case of Liliana Ortega et al. Provisional measures. Order of the Inter-American Court of Human Rights
of December 2, 2003, twelfth considering paragraph; Baena Ricardo et al. v. Panama. Monitoring compliance with
judgment. Order of the President of the Inter-American Court of Human Rights of February 11, 2008, sixth
considering paragraph, and Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring compliance with
judgment. Order of the President of the Inter-American Court of Human Rights of March 14, 2008, sixth considering
paragraph.
5
General Assembly, Resolution AG/RES. 2292 (XXXVII-O/07) adopted at the fourth plenary session held on
June 5, 2007, entitled “Observations and recommendations on the Annual Report of the Inter-American Court of
Human Rights”.
2