2
States has repeatedly mentioned, since 2009, “the important and constructive
practice begun by the Inter-American Court of Human Rights to hold closed
hearings on the monitoring of compliance with its judgments, and the outcomes
3
thereof.” In addition, it has encouraged “[t]he hearings held to monitor
compliance with judgments as one of the most effective mechanisms to promote
4
compliance [therewith].”
3. As an illustration of the importance of this faculty of the Court, it is worth recalling
the case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. In this
case, as a consequence of a private hearing held and a meeting for dialogue at
the Court’s seat, the State assumed a series of commitments aimed at executing
the only operative paragraph of the Judgment pending compliance. This resulted
in full compliance with the Judgment and the closing of the case seven months
after the hearing, with the demarcation and titling of over 70,000 hectares, in
conformity with the Order issued by the Court on April 3, 2009.5 Similarly, in the
case of Valle Jaramillo v. Colombia, during the private hearing, the State and the
representatives came together for dialogue and agreement towards the
implementation of the reparation measure of granting of a scholarship to study or
receive training in a trade, which led less than a month after to the joint
presentation of an agreement for alternative compliance with the measure,
6
agreement that was subsequently deemed admissible by the Court. In addition,
after the private hearing held in the case of Vargas Areco v. Paraguay, the Court
recognized, with regard to the obligation to pay interest on the compensation for
pecuniary and non-pecuniary damages and reimbursement of costs and expenses
paid after the date due, “the will[ingness] of the parties to achieve progress on
this point based on an agreement, and [indicated that it awaited] updated
information on efforts and results achieved regarding the [State’s] compliance
7
with this aspect of the reparation.”
4. The confirmation of the occurrence of human rights violations by the InterAmerican Court, through the exercise of its contentious jurisdiction, has led the
Court to order, in conformity with Article 63 of the American Convention on
Human Rights (hereinafter the “American Convention” or the “Convention”),
different types of measures that tend to satisfy the idea of integral reparation.
This includes not only pecuniary compensation, but also measures of a different
nature seeking restitution, rehabilitation, satisfaction, and non-repetition of the
proven violations. The implementation of these measures entails, as indicated, a
gradual process over time of a complex nature, in which, in many cases, all State
3
General Assembly, Resolution AG/RES. 2500 (XXXIX-O/09) approved in the fourth plenary session held on June 4,
2009, entitled “Observations and Recommendations on the Annual Report of the Inter-American Court of Human Rights,” pg 3;
Resolution AG/RES. 2587 (XL-O/10) approved in the fourth plenary session held on June 8, 2010, entitled “Observations and
Recommendations on the Annual Report of the Inter-American Court of Human Rights,” pg. 2, and Resolution AG/RES. 2652
(XLI-O/11) approved in the fourth plenary session held on June 7, 2011, entitled “Observations and Recommendations on the
Annual Report of the Inter-American Court of Human Rights,” para. 6.
4
General Assembly, Resolution AG/RES. 2500 (XXXIX-O/09), supra note 3, operative paragraph five; Resolution
AG/RES. 2587 (XL-O/10), supra note 3, operative paragraph five, and Resolution AG/RES. 2652 (XLI-O/11), supra note 3,
operative paragraph six.
5
Cf. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring Compliance with Judgment. Order
of the Inter-American Court of Human Rights of April 3, 2009, Operative Paragraphs 1 and 2.
6
Cf. Case of Valle Jaramillo v. Colombia. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of February 28, 2011, Considering clauses 34 to 37; and Case of Valle Jaramillo v. Colombia. Monitoring
Compliance with Judgment. Order of the Inter-American Court of Human Rights of May 15, 2011, Considering clauses 6 to 11.
7
Cf. Case of Vargas Areco v. Paraguay. Monitoring Compliance with Judgment. Order of the Inter-American Court of
Human Rights of November 24, 2010, Considering clause 39.