6
4.
That, as previously held by this Court, the obligation to comply with the
rulings of the Court conforms to a basic principle of the law on the international
responsibility of States, according to which States are required to comply with their
international treaty obligations in good faith (pacta sunt servanda) and, as provided
for in Article 27 of the Vienna Convention on the Law of Treaties of 1969, States may
not invoke their internal law to avoid established international responsibility.2
5.
That the States Party to the Convention are required to guarantee compliance
with its provisions and their effects (effet utile) at the level of their domestic law.
This principle applies not only to the substantive provisions of human rights treaties
(i.e., those dealing with the rights thereby protected), but also to procedural rules,
such as those concerning compliance with the judgments of the Court. Such
obligations are to be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, taking into account the special nature of
human rights treaties.3
*
*
*
6.
That, after assessing compliance with the Judgment, the Court in the instant
case has noticed that, in relation with the removal of obstacles which have prevented
those responsible for Myrna Mack-Chang's extra-legal execution from being
punished, the State authorities have made headway towards imposing criminal
liability upon the two authors of Myrna Mack-Chang's extra-legal execution.
7.
In this regard, the Court is aware that on February 12, 1993, the Third Trial
Court in Criminal Matters sentenced Mr. Noel de Jesús-Beteta to 25 years in prison
for the murder of Myrna Mack. In addition, the Criminal Division of the Guatemalan
Supreme Court of Justice by Judgment of January 14, 2004 issued by the Fourth
Appellate Division, found Mr. Juan Valencia Osorio guilty of the murder of Myrna
Mack-Chang and was consequently sentenced to thirty years in prison and the
suspension of his political rights for the length of the sentence (Cf. para. 134.22 of
the Judgment of November 25, 2003 and Considering clause No. 7 in the Court's
Order of September 12, 2005, respectively).
8.
After analyzing the investigations carried out at the domestic level, the
convictions imposed and the proven facts in the Judgment, as well as the comments
submitted by the representatives and the Commission, which demand merely that
2
Cfr. International Responsibility for the Promulgation and Aplication of Laws in Violation
of the Convention (Arts. 1 and 2 of the American Convention on Human Rights). Consultive
Opinion OC-14/94 of December 9, 1994. Series A No. 14, para. 35; Case of Baena-Ricardo et al v.
Panama. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights of November 22, 2002, Considering paragraph 3; Case of García-Asto and Ramírez-Rojas,
supra Note 1, Considering 6; and Case of Molina-Theissen v. Guatemala. Monitoring Compliance
with Judgment. Order of the Inter-American Court of Human Rights of July 10, 2007, Considering
paragraph 3.
3
Cfr. Case of Ivcher-Bronstein v. Peru. Compliance. Judgment of September 24, 1999.
Series C No. 54, para. 37; Case of Gómez-Palomino v. Peru. Monitoring Compliance with
Judgment. Order of October 18, 2007, Considering paragraph 4; and Case of García-Asto and
Ramírez-Rojas, supra Note 1, Considering paragraph 7.
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