33
103. Moreover, in all the cases before the Court, the Inter-American Commission
and the victims or their legal representatives have accepted its monitoring function,
have forwarded their comments on the reports submitted by the States to the Court,
and have abided by the decisions of the Court regarding compliance with judgment.
Thus, the activity of the Court and the conduct of both the States, and the InterAmerican Commission and the victims or their legal representatives, have been
complementary in relation to monitoring compliance with judgments, so that the
Court has exercised the function of carrying out this monitoring and, in turn, the
States, the Inter-American Commission and the victims or their legal representatives
have respected the decisions issued by the Court in the exercise of this supervisory
function.
104. Contrary to what Panama has affirmed (supra para. 54(e)), as regards the
lapse of time required in order to consider that constant practice exists, this Court
considers that the important point is that the practice is observed without
interruption and constantly, and that it is not essential that the conduct should be
practiced over a specific period of time. This is how it has been understood by
International case law has even
international legal writings and case law.73
recognized the existence of customary norms that were developed over very short
periods.74
E) PROCEDURE APPLIED TO MONITORING COMPLIANCE
WITH THE DECISIONS OF THE COURT
105. Neither the American Convention, nor the Statute and Rules of Procedure of
the Court indicate a procedure that should be observed for monitoring compliance
with the judgments delivered by the Court, or with regard to other matters, such as
urgent and provisional measures. The Court has carried out this monitoring using a
written procedure, which consists in the responsible State presenting the reports
that the Court requests, and the Inter-American Commission and the victims or their
legal representatives forwarding comments on these reports. Likewise, with regard
to the stage of monitoring compliance with judgments, the Court has adopted the
constant practice of issuing orders or sending communications to the responsible
State in order, inter alia, to express its concern in relation to aspects of the
The “Street Children” case (Villagrán Morales et al.). Compliance with judgment. Order of the InterAmerican Court of Human Rights of November 27, 2003; Loayza Tamayo case. Compliance with judgment.
Order of the Inter-American Court of Human Rights of November 27, 2003; Cantoral Benavides case.
Compliance with judgment. Order of the Inter-American Court of Human Rights of November 27, 2003;
Bámaca Velásquez case. Compliance with judgment. Order of the Inter-American Court of Human Rights
of November 27, 2003; The “White Van” case (Paniagua Morales et al.). Compliance with judgment. Order
of the Inter-American Court of Human Rights of November 27, 2003; Castillo Páez case. Compliance with
judgment. Order of the Inter-American Court of Human Rights of November 27, 2003; The Constitutional
Court case. Compliance with judgment. Order of the Inter-American Court of Human Rights of November
27, 2003; Hilaire, Constantine and Benjamin et al. case. Compliance with judgment. Order of the InterAmerican Court of Human Rights of November 27, 2003; Barrios Altos case. Compliance with judgment.
Order of the Inter-American Court of Human Rights of November 28, 2003; and “The Last Temptation of
Christ” case (Olmedo Bustos et al.). Compliance with judgment. Order of the Inter-American Court of
Human Rights of November 28, 2003.
73
Cf. North Sea Continental Shelf, Judgment, I.C.J. Reports 1969, paras. 73 and 74; and Free City
of Danzig and International Labour Organization, Advisory Opinion, 1930, P.C.I.J., Collection of Advisory
Opinions, Series B.-No. 18, pp. 12-13.
74
Cf. Free City of Danzig and International Labour Organization, Advisory Opinion, 1930, P.C.I.J.,
Collection of Advisory Opinions, Series B.-No. 18, pp. 12-13.
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