2
13.
The real reason is that, as the Court has stated on a previous occasion,
“the States Parties undertake to comply with the recommendations approved by
the Commission in its reports (Loayza Tamayo Case, Judgment of October 17,
1997, para. 80); in other words, States must heed those recommendations, but
this does not necessarily imply the obligation to implement them.
14.
The foregoing was clearly expressed by the Court when it stated that the
“term ‘recommendations’ does not have the character of an obligatory judicial
decision for which failure to comply would generate State responsibility”
(Caballero Delgado and Santana Case, Judgment of December 8, 1995, para.
67).
Alejandro Montiel-Argüello
Judge
Manuel E. Ventura-Robles
Secretary
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