6
4.
That, in view of the final and unappealable character of the judgments of the
Court, as established in Article 67 of the American Convention, the State should
comply with them fully and promptly.
5.
That the obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the
State, supported by international case law, according to which, a State must comply
with its international treaty obligations in good faith (pacta sunt servanda) and, as
this Court has already indicated and as established in Article 27 of the 1969 Vienna
Convention on the Law of Treaties, a party may not invoke the provisions of its
internal law as justification for its failure to perform a treaty.2 The treaty obligations
of the States Parties are binding for all the powers and organs of the State.
6.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle is applicable not only with regard to the substantive
norms of human rights treaties (that is, those which contain provisions concerning
the protected rights), but also with regard to procedural norms, such as those
referring to compliance with the decisions of the Court. These obligations shall be
interpreted and applied so that the protected guarantee is truly practical and
effective, bearing in mind the special nature of human rights treaties.3
7.
That the States Parties to the American Convention that have accepted the
compulsory jurisdiction of the Court must comply with the obligations established by
the Court. In this regard, Venezuela must adopt all necessary measures to comply
effectively with the rulings of the Court in the judgments of January 18, 1995 (supra
Having seen paragraph 1) and September 14, 1996 (supra Having seen paragraph
2).
8.
That, while monitoring full compliance with the judgments on merits and
reparations delivered in this case, and having examined the information provided by
the parties, the Court has observed that the State has made several payments of
interest on arrears (supra Having seen paragraphs 24 and 25).
9.
That the representatives and the Commission have expressed their
satisfaction for the payments made by the State in favor of the beneficiaries of the
reparations ordered by the Court, and consider that the State has complied with this
element of the judgments of the Court (supra Having seen paragraphs 21 and 22).
Compliance with judgment. Order of the Inter-American Court of Human Rights of February 2, 2006, third
considering paragraph and Case of Ricardo Canese. Compliance with judgment. Order of the InterAmerican Court of Human Rights of February 2, 2006, third considering paragraph.
2
Cf. Case of the Constitutional Court. Compliance with judgment, supra note 1, fifth considering
paragraph; Case of the 19 Tradesmen. Compliance with judgment, supra note 1, fifth considering
paragraph, and Case of Ricardo Canese. Compliance with judgment, supra note 1, fifth considering
paragraph.
3
Cf. Case of the Constitutional Court. Compliance with judgment, supra note 1, sixth considering
paragraph; Case of the 19 Tradesmen. Compliance with judgment, supra note 1, sixth considering
paragraph; Case of Ricardo Canese. Compliance with judgment, supra note 1, sixth considering
paragraph.
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