3
3.
That Article 68(1) of the American Convention establishes 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.” For such purpose, the States are required to ensure the
implementation of the Court's rulings at the domestic level.2
4.
That, given the final and not-subject-to-appeal nature of the Court’s judgments as
established in Article 67 of the Convention, said judgments are to be promptly and fully
complied with by the State.
5.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, as supported by
international case law, under which States are required to comply with their international
treaty obligations in good faith (pacta sunt servanda) and, as previously held by the
Court and provided for in Article 27 of the Vienna Convention on the Law of Treaties of
1969, States cannot invoke their municipal laws to escape their pre-established
international responsibility. That the State Parties’ obligations under the Convention bind
all State branches and organs.3
6.
That the States Parties to the Convention are required to guarantee compliance
with the provisions thereof and their effects (effet utile) at the domestic-law level. This
principle is applicable with regard not only to the substantive provisions of human rights
treaties (that is, those dealing with protected rights), but also to their procedural rules,
such as those concerning compliance with the decisions of the Court. These obligations
are to be interpreted and applied in a manner such that the protected guarantee is truly
practical and effective, considering the special nature of human rights treaties.4
*
*
*
7.
That, as regards the obligations to find and deliver the mortal remains of Marco
Antonio Molina-Theissen to his next of kin (second operative paragraph of the Judgment
on reparations), and investigate the facts of the instant case with the aim of identifying,
trying, and punishing the direct perpetrators and masterminds of his forced
disappearance (third operative paragraph of the Judgment on reparations), the State
explained that, on December 14, 2006, the bill for the enactment of the Ley de la
Comisión de Búsqueda de Personas Víctimas de la Desaparición Forzada y Otras Formas
de Desaparición [Law on the Search Commission for Victims of Forced Disappearance
and other Forms of Disappearance] was submitted to the Dirección Legislativa
[Lawmaking Division] of the Congress of the Republic of Guatemala. Moreover, it noted
that “there has been no progress in fulfilling the investigation in the proceedings
intended to establish the criminal liability of those responsible for the disappearance of
Marco Antonio Molina-Theissen”.
8.
That, in the course of the private hearing (supra Having Seen clause No. 5), the
representatives noted as follows:
really, as far as we [the representatives] are concerned, hearing the information the State of
Guatemala has submitted today is very frustrating. […] we deeply regret that, today, the
2
Cf. Case of Baena-Ricardo et al. v. Panama. Competence. Judgment of November 28, 2003. Series C
No. 104, para. 131.
3
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9,
1994. Series A No. 14, para. 35; Case of the Ituango Massacres v. Colombia. Monitoring Compliance with
Judgment. Order of the Court of July 7, 2009, Considering Clause No. 5, and Case of Herrera-Ulloa v. Costa
Rica. Monitoring Compliance with Judgment. Order of the Court of July 9, 2009, Considering clause No. 5.
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Cases of the Ituango Massacres. Monitoring Compliance with Judgment, supra note 3, Considering
clause No. 6, and Case of Herrera-Ulloa V. Costa Rica. Monitoring Compliance with Judgment, supra note 3,
Considering clause No. 6.