-34certainty as to the right or dispute under discussion in the particular case, its binding
force being one of the effects thereof. Eventually, the authority of a decision as a
final judgment may be challenged when it infringes individual rights which are
protected by the Convention and it has been proven that there are grounds for
challenging such authority of final judgment15, something which has not happened in
the instant case.
168. Based on the foregoing considerations, the Court does not admit the
argument of Peru regarding the alleged “new matter”, of which it claimed not to have
cognizance when it acknowledged its responsibility in the processing of the case
before the Commission and, therefore, the Court considers that no supporting
evidence has been given to deprive the judgments, claimed to have been nonfulfilled, of their legal force.
C)
Legal effects of acknowledging responsibility before the Comission
169. After dismissing Peru’s argument concerning the alleged “new matter”, the
Court will now address the acknowledgment of international responsibility made by
the State in the processing of the case before the Commission (supra para. 152 and
154), according to which “it assum[ed] its international responsibility for violating
the human rights of the SITRAMUN workers provided for in Articles 25(2)(c) of the
American Convention […].”
170. On several occasions in the proceeding before the Court, the State admitted
to making such acknowledgment before the Commission. For instance, in the public
hearing before the Court, Peru stated that “a matter of fact completely unknown two
years ago” had arisen, “which accounted for the Peruvian State’s acknowledging the
non-compliances and violations, whereas now […] it prays the Court to take this new
matter into consideration […].”
171.
This Court observes that in the brief wherein it answered the complaint Peru
contended that the domestic judgments non-compliance with which is alleged in the
instant case would be contrary to law. Later, in the public hearing held before the
Tribunal, Peru stated that “it recognizes that the procedure in the case of ESMLL has
been regular, although the judgment has been adverse to the State,” for which
reason it “recognizes its validity.” In addition, the State claimed that “in spite of its
dissenting legal opinion” concerning the Tribunal Constitucional (Constitutional
Court) court order of December 10, 1997 (infra, para. 204(54)), “the Municipality of
Lima complied with such judgment” as regards payment to the workers of the
amount that had been witheld when the reduction in their salaries was effected. In
addition, in such brief it also stated that “the only cases in which it admits having
infringed upon employers’ rights are those determined by the ad hoc Commissions”
(supra par. 204(28) to 204(33).
15
Cf. Case of Gutiérrez-Soler. Judgment of September 12, 2005. Series C No. 132, para. 98; Case
of Carpio-Nicolle et al., Judgment of November 22, 2004. Series C No. 117, para. 131; and Case of Genie
Lacayo. Petition for Judgement Review of January 29, 1997. Order by the Court of September 13, 1997.
Series C No. 45, paras. 10-12.