simply, and comprehensively accomplish their purpose.374 The provisions governing judicial
independence also need to be developed correctly to ensure timely execution of judicial rulings
and guarantee that decisions of last resort be binding and mandatory.375 The Court holds that in
a system based on the principle of the rule of law, all public authorities, within the framework of
their jurisdiction, must take heed of judicial decisions and promote their execution, without
hindering the purpose and scope of the decision or unduly delaying its implementation.376
145. The Court would further emphasize that Article 25(2)(c) of the Convention establishes the
obligation to enforce “such remedies when granted.” This includes guaranteeing effective
mechanisms for the enforcement of judicial decisions or final judgments issued against both state
and private entities. It is also essential to adopt appropriate and effective enforcement
mechanisms to ensure, where necessary, that the authorities who deliver decisions or judgments
execute them, thereby ensuring real protection of the right recognized in a final ruling.377
146. Even in cases involving the state, it is the state itself that must enforce judgments against
it. In any case, the Court considers that the procedural momentum to achieve compliance with a
right pursuant to a judicial ruling cannot rely entirely on the victim, since the state is obligated to
guarantee that right.378
147. This Court also believes that the State’s obligation to guarantee compliance with judicial
rulings takes on particular significance in cases such as this, in which a government institution
has been sentenced to pay an amount of money to older adults. As it happens, these institutions,
whether they are part of the central government or decentralized branches of government, can
use their power and the procedural privileges usually granted to them, such as the ban on
attaching their assets, to sidestep execution of judgments handed down against them.379
374
Cf. Case of Mejía Idrovo v. Ecuador, supra, para. 106, and Case of Jenkins v. Argentina. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 25, 2019. Series C No. 397, para. 119.
375
That is, compliance must be compulsory, and if decisions are not obeyed voluntarily, enforcement measures
can be applied. Cf. Case of Mejía Idrovo v. Ecuador, supra, para. 106 and Case of Muelle Flores v. Peru, supra, para.
127.
376
Cf. Case of Mejía Idrovo v. Ecuador, supra, para. 106 and Case of Muelle Flores v. Peru, supra, para. 127.
377
Cf. Case of Muelle Flores v. Peru, supra, para. 128.
Cf. Case of Muelle Flores v. Peru, supra, para. 161. The Inter-American Commission has also established an
important standard regarding the lengths to which victims should have to go in seeking compliance with judicial rulings in
their favor. Accordingly, the IACHR considered that states should enforce such judicial decisions immediately, without
making it necessary for the persons affected to bring additional actions of a criminal, administrative, or any other nature,
in order to secure their enforcement. IACHR, “Access to Justice as a Guarantee of Economic, Social, and Cultural Rights. A
Review Of the Standards Adopted by the Inter-American System Of Human Rights,” September 7, 2007,
OEA/Ser.L/V/II.129, para. 335. The European Court of Human Rights, in turn, has said: “A person who has obtained a
judgment against the State may not be expected to bring separate enforcement proceedings […]. In such cases, the
defendant State authority must be duly notified of the judgment and is thus well placed to take all necessary initiatives to
comply with it or to transmit it to another competent State authority responsible for execution.” TEDH, Case of Burdov v.
Russia (No. 2), No. 33509. Judgment of January 15, 2009, para. 68.
378
379
In this sense, the Consultative Council of European Judges (CCJE), an advisory body to the Committee of
Ministers of the Council of Europe, has developed standards on the independence, impartiality, and professional
competence of judges, by which, “in a state governed by the Rule of law, public entities are above all bound to
respect judicial decisions, and to implement them in a rapid way ‘ex officio’. The very idea of a state body refusing
to obey a court decision undermines the concept of primacy of the law.” It also held, “A state should respect
judgments delivered against it without delay and without requiring the claimant to use enforcement procedures.”
Consultative Council of European Judges (CCJE) of the Committee of Ministers of the Council of Europe, Opinion No.
13 (2010), On the Role of Judges in the Enforcement of Judicial Decisions. Available at:
https://rm.coe.int/168074820e
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