2
correct obvious mistakes in the editing or calculations made.7 This is, then, all that the
Court may do with respect to a judgment it has issued. This is the case not only because
of the principle that in Public Law, a body can only do what a norm permits, but also
because of the principle of legal certainty involved in the issuance of a judgment,
expressed in that it is definitive for the issuing tribunal, as well.
Therefore, logically, it must be understood that the proceedings for monitoring
compliance with judgments established in the Rules of Procedure must be in accordance
with Article 65 of the Convention and Article 30 of the Statute, that is, carried out so that
the Court may indicate, in its annual report to the General Assembly of the OAS, the
States that have not complied with its judgments in the corresponding period, and not so
that it may escape this obligation.
This mechanism established in the Rules of Procedure cannot, then, hope to substitute
the jurisdiction, established in the Convention, of the General Assembly of the OAS on
the matter, even under the pretext that this latter organ does not exercise its jurisdiction
or does not exercise it in due form. It is not for the Court to judge the actions of this
political body, the highest body of the Organization.
III.- Insufficiencies and risks of the established mechanisms.
Nor can the cited mechanism provided for in the Rules of Procedure find its justification in
that the applicable norms of the Convention do not establish a more adequate
mechanism to effectively guarantee compliance with the Court's judgments, as this latter
organ has competence only to apply and interpret the Convention,8 and not to modify it,
a function which is the exclusive responsibility of the States Parties thereto.9 This is so
2. The Court may require from other sources of information relevant data regarding the case in order to evaluate
compliance therewith. To that end, the Tribunal may also request the expert opinions or reports that it considers
appropriate.
3. When it deems it appropriate, the Tribunal may convene the State and the victims’ representatives to a hearing in order
to monitor compliance with its decisions; the Court shall hear the opinion of the Commission at that hearing.
4. Once the Tribunal has obtained all relevant information, it shall determine the state of compliance with its decisions and
issue the relevant orders.
5. These rules also apply to cases that have not been submitted by the Commission.”
7
Art. 76: “Rectification of errors in judgments and other decisions.
The Court may, on its own motion or at the request of any of the parties to the case, within one month of the notice of the
judgment or order, rectify obvious mistakes, clerical errors, or errors in calculation. The Commission, the victims or their
representatives, the respondent State, and, if applicable, the petitioning State shall be notified if an error is rectified.”
8
Art. 62 of the Convention: “1. A State Party may, upon depositing its instrument of ratification or adherence to this
Convention, or at any subsequent time, declare that it recognizes as binding, ipso facto, and not requiring special
agreement, the jurisdiction of the Court on all matters relating to the interpretation or application of this Convention. 2.
Such declaration may be made unconditionally, on the condition of reciprocity, for a specified period, or for specific cases. It
shall be presented to the Secretary General of the Organization, who shall transmit copies thereof to the other member
states of the Organization and to the Secretary of the Court. 3. The jurisdiction of the Court shall comprise all cases
concerning the interpretation and application of the provisions of this Convention that are submitted to it, provided that the
States Parties to the case recognize or have recognized such jurisdiction, whether by special declaration pursuant to the
preceding paragraphs, or by a special agreement.”
9
Art. 76 Idem: “1. Proposals to amend this Convention may be submitted to the General Assembly for the action it
deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary General. 2.