4.
The briefs of December 1, 2011, December 19, 2012, and February 4, 2013, in
which the representative of the victims (hereinafter “the representative”) presented his
observations on the State’s reports.
5.
The briefs of February 2, 2012, and October 17, 2012, in which the InterAmerican Commission on Human Rights (hereinafter “the Inter-American Commission”
or “the Commission”) presented its observations on the State’s reports.
CONSIDERING THAT:
1.
One of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
Peru has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention”) since July 28, 1978, and accepted the
jurisdiction of the Court on January 21, 1981.
3.
In view of the final and non-appealable nature of the judgments of the Court,
as established in Article 67 of the American Convention, the State must comply with
them fully and promptly. Moreover, Article 68(1) of the American Convention stipulates
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.” To this end, the State must ensure
implementation at the domestic level of the Court’s decisions in its judgments. 1
4.
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, States must comply
with their 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. 3
5.
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
1
Cf. Case of Baena Ricardo et al. v. Panamá. Competence. Judgment of November 28, 2003. Series
C No. 104, para. 60, and Case of Gelman v. Uruguay. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights of March 20, 2013, third considering paragraph.
2
Cf. International Responsibility of the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December
9, 1994. Series A No. 14, para. 35, and Case of Gómez Palomino v. Peru. Monitoring compliance with
judgment. Order of the Inter-American Court of Human Rights of February 13, 2013, third considering
paragraph.
3
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 17, 1999, third considering paragraph, and Case of Gómez
Palomino, Order of the Inter-American Court of Human Rights of February 13, 2013, third considering
paragraph.
2