I. The friendly settlement agreement and the Court’s judgments
A. The friendly settlement agreement
Article 63 of the Rules of Procedure of the Court2 (hereinafter “the Rules of Procedure”),
refers to the friendly settlement agreement as follows:
“When the Commission, the victims or alleged victims, or their representatives, the
respondent State or, if applicable, the petitioning State in a case before the Court
inform it of the existence of a friendly settlement, compromise, or any other
occurrence likely to lead to a settlement of the dispute, the Court shall rule upon its
admissibility and juridical effects at the appropriate procedural time.”
This provision reveals that the friendly settlement agreement does not end the
proceedings, but may merely make a contribution towards its settlement. Furthermore,
it is not binding on the Court, because it is the Court that must decide on its validity and
its legal effects. In other words, the Court can endorse it, reject it, amend it or
complement it. In addition, the Court may do this when it considers opportune and, in
any case, before delivering judgment or in the judgment.
In this regard, it should be recalled, first, that Article 64 of the Rules of Procedure add
that:
“Bearing in mind its responsibility to protect human rights, the Court may decide to
continue the consideration of a case notwithstanding the existence of the conditions
indicated in the preceding articles.”
Second, it
with those
69 of the
settlement
should be considered that both these regulatory provisions are in keeping
relating to the judgments of the Court (Chapter VII: Judgments, Arts. 65 to
Rules of Procedure), and it has not been established that the friendly
agreement substitutes a judgment.
And, it is precisely on this basis that the agreement in this case indicates that the Court
will be asked to endorse it “when delivering its judgment that ends this litigation” (para.
17) and that this is what the Court has done, complementing it in accordance with the
corresponding justification (paras. 22 and 78).
B. The Judgment of the Court
For its part, Article 63(1) of the American Convention on Human Rights3 (hereinafter
“the Convention”) refers to the Court’s judgments as follows:
“If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or
freedom be remedied and that fair compensation be paid to the injured party.”
Evidently, since this is a treaty-based norm, it ranks higher than the statutory and
regulatory norms, so that the latter must be consistent with it.
Accordingly, by endorsing the friendly settlement agreement, as in this case, its content
becomes part of the respective judgment of the Court, which is “final and not subject to
2
Approved by the Court at its eighty-fifth regular session held from November 16 to 28, 2009.
3
Approved on November 22, 1969, at the Inter-American Specialized Conference on Human Rights, San
José, Costa Rica, entering into force on July 18, 1978, and currently ratified by 24 States.
2