treaty, but also the interpretation of it made by the Inter-American Court, the
ultimate interpreter of the American Convention.195
165. Thus, for example, the highest courts in the region have referred to the
Convention and monitored compliance with it, taking into account interpretations
made by the Inter-American Court. The Constitutional Chamber of the Supreme
Court of Justice of Costa Rica has indicated that:
It should be noted that, if the Inter-American Court of Human Rights is the natural organ to
interpret the American Convention on Human Rights […] the authority of its ruling when
interpreting the Convention and judging domestic laws in light thereof, whether in an
adversarial case or in a simple consultation, will have - in principle - the same weight as the
law interpreted.196
166.
For its part, the Constitutional Court of Bolivia has indicated that:
The Pact of San Jose, Costa Rica, as a legal component of constitutionality is composed of
three essential parts that are strictly interrelated: the first, comprising the preamble; the
second, the dogma, and the third, the organization. Specifically, Chapter VIII of this
instrument regulates the Inter-American C[ourt] of Human Rights. Consequently, following a
“systemic” criterion of constitutional interpretation, it must be established that this organ and,
consequently, the decisions it issues, also form part of this constitutionality.
This is so for two specific juridical reasons, namely: (1) the purpose of the jurisdiction of the
Inter-American Court of Human Rights, and (2) the application of the legal doctrine of the effet
utile of its judgments on human rights197
167. Also, the Supreme Court of Justice of the Dominican Republic has
established that:
Consequently, both the provisions of the American Convention on Human Rights and also their
interpretation by the jurisdictional organs are binding for the Dominican State and, therefore,
for the Judiciary. They were created as a means of protection, according to Article 33 of the
Convention, which grants [the Court] authority to hear matters related to compliance with the
commitments assumed by States parties.198
168.
Furthermore, the Constitutional Court of Peru has stated that:
The binding nature of the judgments of the [Inter-American] Court is not exhausted with their
operative paragraphs (which evidently involve only the State that is a party to the
proceedings); rather, it extends to the considerations or ratio decidendi, with the addition that,
owing to the primacy of the [Fourth Final Transitory Provision (CDFT)] of the Constitution and
article V of the Preliminary Chapter of the [Constitutional Procedural Code], in the said sphere
the judgment is binding for all domestic public authorities, even in those cases in which the
Peruvian State has not been a party to the proceedings. Indeed, the [Inter-American] Court’s
capacity to interpret and apply the Convention, recognized in Article 62(3) thereof, added to
the mandate of the CDFT of the Constitution, means that the interpretation made of the
provisions of the Convention in any proceedings is binding for all domestic public authorities,
including, of course, this court.199
195
Cf. Case of Almonacid Arellano et al. v. Chile, supra note 194, para. 124; Case of Ibsen
Cárdenas and Ibsen Peña v. Bolivia, supra note 28, para. 202, and Case of Cabrera García and Montiel
Flores v. Mexico, supra note 13, para. 225.
196
Cf. Judgment of May 9, 1995, handed down by the Constitutional Chamber of the Supreme
Court of Justice of Costa Rica. Action on Unconstitutionality. Opinion 2313-95 (file 0421-S-90),
Consideration VII.
197
Judgment handed down on May 10, 2010, by the Constitutional Court of Bolivia (file No. 200613381-27-RAC), section III.3 on “The Inter-American Human Rights System: considerations and effects
of the judgments issued by the Inter-American Court of Human Rights.”
198
Cf. Decision No. 1920-2003 delivered by the Supreme Court of Justice of the Dominican
Republic on November 13, 2003.
199
Judgment handed down by the Constitutional Court of Peru on July 21, 2006 (file No. 27302006-PA/TC), twelfth consideration.
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