90
effects, Perú's violation of the Convention in passing said laws and the effectiveness of the
laws as such in the case of Barrios Altos. Therefore, the Court notes that the dispute
existing between the Inter-American Commission and the States and the representatives in
relation with the State's duties pursuant to Article 2 of the Convention, is centered around
the determination of whether said laws still have effects in the light of the Court's
pronouncement in the above-mentioned case.
In addition, on the assumption that the laws continue in force, it must be decided whether
that would constitute a violation of the Convention by the State, or, provided the laws do
not continue in force, whether their mere existence constitutes a violation of the
Convention, and whether the State should consequently adopt further measures of domestic
law in that regard.
170. In relation with the general duty set out in Article 2 of the Convention, the Court has
repeatedly held that
This principle is universally valid and has been characterized in case law as an evident principle
("principe allant de soi"; Exchange of Greek and Turkish populations, avis consultatif, 1925,
C.P.J.I., Series B, No. 10, p. 20).138
171. This principle is contained in Article 2 of the Convention, which sets forth the general
duty of each State Party to adjust its domestic law to the provisions thereof to guarantee
139
which implies that the domestic law measures must be
the rights enshrined therein,
140
effective pursuant to the effet utile principle.
172. Certainly, Article 2 of the Convention fails to define which measures are appropriate
to adjust the domestic law to it; obviously, this is so because it depends on the nature of
the rule requiring adjustment and the circumstances of each specific case. Therefore, the
Court has interpreted that such adjustment implies adopting two sets of measures, to wit:
(i) repealing rules and practices of any nature involving violations to the guarantees
provided for in the Convention or disregarding the rights enshrined therein or hamper the
exercise of such rights, and (ii) issuing rules and developing practices aimed at effectively
observing said guarantees.141 The Court takes the view that the first set of duties is
breached while the rule or practice running counter to the Convention remains part of the
legal system,142 and is therefore satisfied by modifying,143 repealing, or otherwise
annulling,144 or amending,145 such rules or practices, as appropriate.
138
Cf. Case of Almonacid-Arellano et al., supra note 6, para. 117; Case of “Juvenile Reeducation Institute.”
Judgment of September 2, 2994. Series C No. 112, para. 205, and Case of Bulacio. Judgment of September 18,
2003. Series C No. 100, para. 140.
139
Cf. Case of the “Juvenile Reeducation Institute”, supra note 139, para. 205; Case of Bulacio, supra note
139, para. 142, and Case of the “Five Pensioners” Judgment of February 28, 2003. Series C No. 98, para. 164.
140
Cf. Case of the “Juvenile Reeducation Institute”, supra note 139, para. 205.
141
Cf. Case of Almonacid-Arrellano et al., supra note 6, para. 118; Case of Ximenes-Lopes, supra note 6,
para. 83, and Case of “The Last Temptation of Christ” (Olmedo-Bustos et al.). Judgment of February 5, 2001.
Series C No. 73, para. 85.
142
Cf. Case of “The Last Temptation of Christ” (Olmedo-Bustos et al.), supra note 142, para. 87 to 90.
143
Cf. Case of Fermín Ramírez, supra note 128, para. 96 to 98, and Case of Hilaire, Constantine and
Benjamin et al. Judgment of June 21, 2002. Series C No. 94, para. 113.
144
Cf. Case of Caesar. Judgment of March 11, 2005. Series C No. 123, para. 91, 93 and 94.
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