45 183. The Court considers that, in the context of Article 21 of the American Convention, it was not proved that there had been a violation, per se, of the right to property of Gustavo Cesti Hurtado. The effects on his assets or on his ability to work that his detention, prosecution and conviction may have produced would derive from the violation of Articles 7, 8 and 25 of the Convention; therefore, the Court reserves its decision on such effects until the reparations stage, in such event. XVI ON ARTICLE 51(2) 184. Based on the principle pacta sunt servanda, the Commission requested the Court to declare that the State violated Article 51(2) of the Convention by not complying with the recommendation made by the Commission in its Report No. 45/97, of October 16, 1997 (supra 4). 185. The State argued that if it was condemned for this reason, the Court would be granting the reports and conclusions of the Commission a “level of infallibility” and that this would not be correct as such reports may be contested, contradicted “and even invalidated, in view of the fundamental rights of States Parties, including the right to defend themselves”. 186. The Court has said previously35 that, in accordance with the principle of good faith, embodied in Article 31.1 of the Vienna Convention on the Law of Treaties, if a State signs and ratifies an international treaty, especially one concerning human rights, such as the American Convention, it has the obligation to make every effort to apply the recommendations of a protective organ such as the Inter-American Commission, which is indeed, one of the principal organs of the Organization of American States whose function is “to promote the observance and defense of human rights” in the hemisphere (OAS Charter, Articles 52 and 111)36. 187. Likewise, Article 33 of the American Convention states that both the InterAmerican Commission and the Court have competence “with respect to matters relating to the fulfillment of the commitments made by the States Parties to this Convention”, which means that, by ratifying the said Convention, States Parties commit themselves to apply the recommendations made by the Commission in its reports37. 188. that: However, it should be remembered that Article 51 of Convention establishes 1. If, within a period of three months from the date of the transmittal of the report of the Commission to the states concerned, the matter has not either been settled or submitted by the Commission or by the state concerned to the Court and its jurisdiction accepted, the Commission may, by the vote of an absolute majority of its members, set forth its opinion and conclusions concerning the question submitted for its consideration. 35. Loayza Tamayo case, Judgment of September 17, 1997. Series C No. 33, para. 80. 36. Loayza Tamayo case, supra 186, para. 80. 37. Loayza Tamayo case, supra 186, para. 81 and Blake case, Judgment of January 24, 1998. Series C No. 36, para. 108.