7.
The briefs dated June 28 and July 31, 2013, by which the representatives and the
Commission, respectively, referred to the lack of compliance with the Judgment and the
absence of the State in the process of monitoring compliance as a whole.
8.
The note of the Secretariat dated July 3, 2013, in which the Plenary of the Court
informed Nicaragua that its failure to appear at the private hearing held on May 28, 2013
constitutes a breach of its duty to inform the Court on its compliance with the Judgment,
and granted the State until July 22, 2013 to submit its observations regarding the
information provided by the Commission and by the representatives during the
aforementioned hearing, and on the brief of the representatives of June 28, 2013 (supra
Having Seen clause 7). The State did not submit any observations. Moreover, the note of
the Secretariat of the Court of August 1, 2013, in which the State was given a new deadline
of August 9, 2013 for the submission of its observations on the above-mentioned
information. At the date of issuance of the present Order, such observations have not been
received by the Court.
CONSIDERING THAT:
1.
One of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
Nicaragua has been a State Party to the American Convention on Human Rights
since September 25, 1979, and, pursuant to Article 62 of the Convention, it recognized the
jurisdiction of the Court on February 12, 1991.
3.
In conformity with the provisions of Article 67 of the American Convention, the State
must promptly comply with the judgments of the Court in their entirety. Moreover, Article
68(1) of the American Convention stipulates 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.”
To this end, the States must ensure the implementation at the domestic level of the Court’s
decisions in its judgments. 2 The foregoing obligation includes the duty of the State to report
to the Court on the measures adopted to comply with the rulings of the Court. The prompt
implementation of the State’s obligation to report to the Court on how each aspect ordered
by the Court is being fulfilled is essential in order to assess the status of compliance with
the Judgment as a whole. 3
4.
The obligation to comply with the Tribunal's rulings conforms to a basic principle of
international law, supported by international jurisprudence, under which States must abide
by their international treaty obligations in good faith (pacta sunt servanda) and, as set forth
by this Court and in Article 27 of the Vienna Convention on the Law of Treaties of 1969,
States cannot, for domestic reasons, neglect their pre-established international
Rivera (YATAMA), Norwin Solano (CENIDH), Marcia Aguiluz, Luis Carlos Buob, Carlos Zazueta, Sergio Pacheco and
Luciana Peri (CEJIL). The State did not establish a delegation.
2
Cf. Case of Baena Ricardo et al. V. Panamá. Jurisdiction. Judgment of November 28, 2003. Series C No.
104, para. 60, and Case of Abrill Alosilla et al. V. Perú. Monitoring of Compliance of Judgment. Order of the InterAmerican Court of Human Rights of May 22, 2013, Considering clause three.
3
Cf. Case of Five Pensioners V. Perú. Monitoring of Compliance of Judgment. Order of the Inter-American
Court of Human Rights of November 17, 2004, Considering clause 4, and Case of Abrill Alosilla et al. V. Perú.
Monitoring of Compliance of Judgment. Order of the Inter-American Court of Human Rights of May 22, 2013,
Considering clause 6.
3