13
responsible for human rights violations and when it had been determined that it had
not conducted a serious and effective investigation, it was possible to file the action
for judicial review. The Commission also indicated that the Code of Criminal
Procedure established that the procedural subjects in a specific case have legal
capacity to file this recourse. However, neither Nodelia Parra nor her son took part
as such in the proceeding that concluded with an acquittal in 1990, because there
was no civil party. Consequently, it indicated that it was for the Attorney General to
make effective the re-establishment of the rights affected by the crimes that had
been committed. Despite the foregoing, it advised that on October 9, 2003, the
Office of the Attorney General had rejected the appeal filed by the representatives of
the victims, terminating once and for all the possibility of knowing the truth.
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court
is to monitor compliance with its decisions.
2.
That Colombia has been a State Party to the American Convention on Human
Rights since July 31, 1973, and accepted the obligatory jurisdiction of the Court on
June 21, 1985.
3.
That, in this respect, Article 68(1) of the American Convention stipulates that
“[t]he States Parties to the Convention undertake to comply with the judgment of
the Court in any case to which they are parties.”
4.
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 treaty1.
5.
That, in view of the final and non-appealable character of the judgments of
the Court, as established in Article 67 of the American Convention, they should be
complied with fully and promptly.
*
*
*
6.
That, in the course of monitoring full compliance with the judgments on
merits and reparations delivered in the instant case, and having examined the
information provided by the State, the Commission, and the representatives of the
victims and their next of kin, the Court has verified that:
a)
Payment of the amounts corresponding to reparations and
reimbursement of the expenses of María Nodelia Parra Rodríguez (first and
second operative paragraph of the judgment on reparations) has already
1
Cf. Benavides Cevallos case. Compliance with judgment. Order of the Inter-American Court of
Human Rights of September 9, 2003, third considering paragraph; Baena Ricardo et al. case. Compliance
with judgment. Order of the Inter-American Court of Human Rights of June 6, 2003, fourth considering
paragraph; and “The Last Temptation of Christ” (Olmedo Bustos et al.). Compliance with judgment. Order
of the Inter-American Court of Human Rights of November 28, 2002, third considering paragraph.
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