6
create norms that improve the inter-American system for the promotion and protection
of human rights, which corresponds, as indicated, to the States19 and, on the other hand,
that it is autonomous in the exercise of its function, which obliges it to be extremely
rigorous in respecting the norms that regulate it, thereby providing a guarantee of
impartiality and legal certainty.
Conclusion.
Evidently, all the foregoing is not meant to affirm that the mechanism of monitoring
compliance with judgment embodied in the Rules of Procedure is not useful or even, in
certain cases, effective. Nor does it affirm that the mechanism is inappropriate or that it
contradicts the provisions of the Convention or the Statute. On the contrary, what is
being affirmed is that its application does not exempt the Court from complying with the
obligation established in Articles 65 of the Convention and 30 of the Statute and also that
it has been established precisely to enable the Court to comply with the latter.
It should be recalled, in this regard, that monitoring entails “ejercer la inspección superior
en trabajos realizados por otros,”20 [Note: “To observe and check over a period of time,”
Oxford English Dictionary] so that, in this regard, moreover as the Rules of Procedure
establish,21 the Court should simply obtain information, especially by requesting reports on
compliance with judgment and “[o]nce [it] has obtained all relevant information, it shall
determine the status of compliance with its decisions and issue the relevant orders.” This
and nothing else, is and should be the purpose of the said regulatory mechanism and
never that of avoiding or postponing compliance with the provisions of Article 65 of the
Convention and 30 of the Statute. The objective of these norms is to allow the OAS
General Assembly to adopt the decisions it deems appropriate in relation to failure to
comply with the judgments of the Court and, consequently, this is what should be
sought.
One last observation. Evidently, and in view of the said purpose, it could also be
considered that the fact that the Court informs the OAS General Assembly of cases in
which its judgments have not been complied with within the corresponding time frame,
does not preclude the Court from continuing to use the regulatory mechanism of
monitoring compliance with judgment in pertinent cases. In other words, it does not
exclude the possibility that the Court continue, in the following sessions, to implement
(b) to make recommendations to the governments of the member states, when it considers such action advisable, for the adoption
of progressive measures in favor of human rights within the framework of their domestic law and constitutional provisions as
well as appropriate measures to further the observance of those rights;
(c) to prepare such studies or reports as it considers advisable in the performance of its duties;
(d) to request the governments of the member states to supply it with information on the measures adopted by them in matters of
human rights;
(e) to respond, through the General Secretariat of the Organization of American States, to inquiries made by the member states
on matters related to human rights and, within the limits of its possibilities, to provide those states with the advisory services
they request;
(f) to take action on petitions and other communications pursuant to its authority under the provisions of Articles 44 through 51
of this Convention; and
(g) to submit an annual report to the General Assembly of the Organization of American States.”
19
See Note No. 9.
20
Diccionario de la Lengua Española, Real Academia Española, 2001 edition.
21
Art. 69.