4
6.
That the States Parties to the American Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic legal systems.
This principle applies not only to the substantive provisions of human rights treaties (in other
words, the clauses on protected rights), but also to procedural provisions, such as the one
concerning compliance with the Court’s judgments. These obligations shall be interpreted and
applied so that the guarantee protected is truly practical and effective, bearing in mind the
special nature of human rights treaties.3
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7.
With regard to operative paragraph five in reference to the State’s obligation to publish
the Judgment on merits, reparations, and costs in another newspaper of ample national
circulation, the State informed that “it agreed with the beneficiaries to publish the extract of
the Judgment ordered by the Court [again] in the “Diario El Comercio”, the newspaper with the
highest national circulation,” in attention to that stated by the parties. The State indicated that
the publication was made in the Newspaper “El Comercio”, in regular pages as required, on
March 3, 2010.
8.
In its observations the representative indicated that on March 3, 2010, the State
published in the newspaper “El Comercio” that ordered in paragraph 157 of the Judgment, but
he indicated that from the operative paragraphs of the Judgment it “published only numbers 1,
2, and 3,” […] omitting […] the publication of paragraphs 4, 5, 6, 7, 8, 9, and 10.” Therefore,
he states that the Court must order that the State publish the mentioned operative
paragraphs.
9.
In its observations the Commission stated that “-except for an opinion to the contrary
of the injured party- the State complied with the obligation to publish the judgment” in the
newspaper “El Comercio.”
10. Pursuant with that stated by the parties, this Court has verified that the State made,
according to its commitment, a new publication of the corresponding parts of the Judgment on
March 3, 2010, in the newspaper “El Comercio,” but it did not publish operative paragraphs 4,
5, 6, 7, 8, 9, and 10. Therefore, this Tribunal considers that the State shall publish the
mentioned paragraphs in the Newspaper “El Comercio” making reference to the publication of
March 3, 2010 and clarifying that on that occasion it left out said paragraphs. Thus, it asks that
the State inform of the diligences carried out to make the mentioned publication, and once the
observations of both the representative and the Commission have been received, this Court
will evaluate the state of its compliance.
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3
Cr. Case of Ivcher Bronstein v. Peru. Jurisdiction. Judgment of September 24, 1999. Series C No. 54, para.
37; Case of Baena Ricardo et al. v. Panama. Monitoring Compliance with Judgment, supra note 1, Considering Clause
number six, and Case of Vargas Areco v. Paraguay. Monitoring Compliance with Judgment, supra note 1, Considering
Clause number five.