2
2.
Mexico has been a State Party to the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) since March 24, 1981, and
accepted the binding jurisdiction of the Court on December 16, 1998.
3.
As established in Article 67 of the American Convention, the State must comply with
the judgments of the Court fully and promptly. In addition, 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 of the Court’s decisions in its judgments at the domestic level.1
4.
The obligation to comply with the decisions in the Court’s judgments corresponds to
a basic principle of international law, 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, they may not invoke the provisions of
their domestic law as justification for their failure to abide by their pre-established
international responsibilities. The treaty obligations of the States Parties are binding for all
the powers and organs of the State.2
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 the protected guarantee is
truly practical and effective, bearing in mind the special nature of human rights treaties.3
6.
The States Parties to the Convention that have accepted the Court’s binding
jurisdiction must comply with the obligations established by the Court. This obligation
includes the duty of the State to advise the Court of the measures adopted to comply with
the decisions of the Court in its judgments. Prompt observance of the State obligation to
inform the Court of the manner in which it is complying with each aspect ordered by the
Court is essential in order to assess the status of compliance with the judgment as a whole.4
7.
The State advised that, on July 1, 2008, “the ‘Decree amending, adding to or
annulling various provisions of the Organic Law of the Judiciary of the Federation and of the
General Law on the procedure for filing challenges concerning electoral matters’ was
published in the Federal Official Gazette.” These changes make it possible, inter alia, for any
Chamber of the Electoral Court of the Federal Judiciary to determine the non-application of
1
Cf. Case of Baena Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C No.
104, para. 60, and Case of Chitay Nech et al. v. Guatemala. Monitoring compliance with judgment. Order of the
Inter-American Court of Human Rights December 1, 2011, third considering paragraph.
2
Cf. International Responsibility for 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 Chitay Nech et al. v. Guatemala, supra note 1, fourth considering
paragraph.
3
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of November 24, 1999, Series C No. 54,
para. 37, and Case of Chitay Nech et al. v. Guatemala, supra note 1, fifth considering paragraph.
4
Cf. Case of Barrios Altos. Monitoring compliance with judgment. Order of the Inter-American Court of
Human Rights of September 22, 2005, seventh considering paragraph, and Case of Chitay Nech et al. v.
Guatemala, supra note 1, sixth considering paragraph.