14
protection, particularly the judgments of the Inter-American Court, including both
preventive and follow-up measures. 28
V
Request for the interpretation of the judgment renderedin the case of Baena
Ricardo et al. filed by the State of Panama
20.
By means of the written motion filed on February 27, 2003, the State of
Panama challenged the power of the Court to monitor compliance with the Judgment
rendered in the Case Baena Ricardo et al., on February 2, 2001, as well as the
procedure employed by the Court of requiring or ordering the States to submit reports
so as to be able to determine, pursuant to article 65 of the Convention, whether any
non-compliance had occurred and report it to the OAS General Assembly.
21.
In the aforementioned motion, the State of Panama considered “that the stage
of monitoring compliance with judgment is a “post-judgment” stage that “is not
included in the norms that regulate the jurisdiction and the procedure of the Court…”29
and “that does not fall within the judicial sphere of the Court, but strictly within the
political sphere, which, in this case [is] exclusive to the General Assembly of the
Organization of American States.”30 The State of Panama also added that “Article 65
of the American Convention establishes clearly that only the General Assembly of the
Organization of American States (hereinafter “the OAS”) has the function of
monitoring compliance with the judgments of the Inter-American Court of Human
Rights. […] This norm only establishes obligations of the Court and does not establish
any obligation for the States Party, neither does it grant rights to the Court nor
competence to monitor compliance with its judgments.”31
22.
Through the judgment on the issue of competence, of November 28, 2003, the
Court rebutted the arguments of the State of Panama and decided it is competent to
monitor compliance with its judgments, and that, in the exercise of its competence to
monitor compliance with its decisions, the Inter-American Court of Human Rights is
authorized to request the responsible States to submit reports on the steps they have
taken to implement the measures of reparation ordered by the Court, to assess the
said reports, and to issue instructions and orders on compliance with its judgments.32
23.
When giving the grounds of position, the Court cited article 30 of the Statute,
approved by the General Assembly of the OAS held in La Paz, Bolivia, in 1979, which
mainly reiterates article 65 of the American Convention, and recalled, as already
28
ICHR: “The Inter-American Human Rights Protection System on the Threshold of the Twenty-first
Century”. Report: “Basis for a Draft Protocol to the American Convention on Human Rights to Strengthen its
Protection Mechanism,” (2001), Volume II, 2nd Edition, May 2003, pages 919 and 920.
29
ICHR, Case of Baena Ricardo y otros. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 53
30
Corte I.D.H., Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No.
104 para. 54(a)
31
Corte I.D.H., Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No.
104 para. 54 (b)
32
ICHR, Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104 para.
139.
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