of the Statute and, on the other, that it was established specifically in order to be able
to comply with these norms.
In this regard, it should be recalled that monitoring entails overseeing work carried out
by others,20 so that, in this regard, the Court’s task is simply, as stipulated moreover
in the Rules of Procedure,21 to obtain information, in particular by requesting reports
on compliance with judgment and, “[o]nce the Tribunal has obtained all relevant
information, it shall determine the state of compliance with its decisions and issue the
relevant orders.” This and nothing more should be the purpose of the said regulatory
mechanism and never that of avoiding or postponing fulfillment of the requirements of
Articles 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 finds appropriate in relation
to non-compliance with the Court’s judgments and, therefore, this should be the goal.
One last observation. Undoubtedly, based on the said objective, it could also be
considered that the fact that the Court informs the OAS General Assembly of the 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 judgments in the pertinent cases. In other words, it does
not exclude the possibility of the Court continuing the regulatory monitoring procedure
in subsequent periods and, in this event, it should indicate in its subsequent annual
reports whether the said non-compliance persists and, thus, contribute to the said
objective, which is that the OAS General Assembly take action on the matter if it finds
it pertinent and in accordance with its powers.
Eduardo Vio Grossi
Judge
Pablo Saavedra Alessandri
Secretary
20
Supervisar: “ejercer la inspección superior en trabajos realizados por otros,” Diccionario de la Lengua
Española, Real Academia Española, 2001.
21
Art. 69.
8