5
necessary for the States Parties to submit in a timely fashion the information that
the Tribunal requires of them.4
6.
That through letters sent by the Secretary of the Court, following the
instructions of the President, repeated on several occasions (supra Having Seen 3),
the State was reminded of its obligation to inform on the measures adopted toward
complying with the Judgment.
7.
That in keeping with what is established in Article 67 of the American
Convention, the judgments of the Court shall be promptly and fully complied with by
the State. Likewise, 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.” The obligation of States Parties under the
Convention to comply promptly with the Court’s decisions is binding to all branches
and functions of the state.5
8.
That without the information that is owed by the State, this Court cannot
carry out its role of monitoring the execution of the judgments handed down. That
for the sake of supervising and guaranteeing the application of the measures of
protection and reparation mandated, the Court should be able to confirm and have
information on the execution of the Judgment, which is “the materialization of the
protection of the right recognized in the judicial ruling, by the proper application of
this ruling.”6
9.
That the Peruvian State has not informed on its compliance with the
Judgment, and therefore has failed to comply with its obligation under the
Convention.
*
*
*
10.
That in monitoring for full compliance of the Judgment issued in this case, the
Court finds it crucial that the State submit information on each of the orders laid out
in the Judgment on the merits, reparations, and costs of March 3, 2005, in this case
(supra first Having Seen paragraph).
11.
That the Court will consider the general status of compliance with the present
Judgment only once it has received the pertinent information on the operative
paragraphs still pending compliance.
4
General Assembly, Order AG/RES. 2292 (XXXVII-O/07) approved during the fourth plenary
session, held on June 5, 2007, titled “Observations and Recommendations on the Annual Report of the
Inter-American Court of Human Rights”.
5
See the Case of Baena Ricardo et al. Competence. Judgment November 28, 2003. Series C No.
104, paragraph 60; Case of Gómez Palomino V. Peru. Monitoring of Judgment Compliance, supra note 3,
Considering paragraph seven, and Case of the Sawhoyamaxa Indigenous Community V. Paraguay.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights, February 2,
2007, third Considering paragraph.
6
See the Case of Baena Ricardo et al. Competence, supra note 5, paragraph 73, and Case of
Gómez Palomino V. Peru. Monitoring Compliance with Judgment, supra note 3, eighth Considering
paragraph.