5
CONSIDERING THAT:
1.
One of the inherent attributes of the jurisdictional functions of the Court is to
monitor compliance with its decisions.
2.
Honduras became a State Party to the American Convention on September 8,
1977 and recognized the Court’s binding jurisdiction on September 9, 1981.
3.
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 State must ensure implementation at the
national level of the Court’s decisions in its judgments.1
4.
Because the judgments of the Court are final and not subject to appeal, as
established in Article 67 of the American Convention, the State is to comply with
them fully and promptly.
5.
January 9, 2004, was the deadline established in the June 7, 2003 Judgment
(supra Having Seen 1.19) for the State to submit its first report on compliance with
the obligations established in that judgment.
6.
On four different occasions, the Secretariat, acting on instructions from the
President (supra Having Seen 4, 5, 7 and 9) asked the State to submit its report on
compliance with the Judgment. The State’s only response has been to report that it
“ha[d] already started coordinating for complying with [the] judgment, having
already contacted the representatives of the petitioners to inform them of the
progress made on compliance with the judgment” (supra Having Seen 6).
7.
Because the Court has received no information concerning compliance with
the Judgment on preliminary objections, merits and reparations of June 7, 2003, it
does not have the data it needs to assess whether reparations have been complied
with and to determine which Court ordered reparations are still pending.
8.
The Court will consider the general status of compliance with its June 7, 2003
Judgment on preliminary objections, merits and reparations once it receives the
relevant information.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its rulings and in accordance
with articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on
Human Rights, articles 25(1) and 30 of its Statute and Article 29(2) of its Rules of
Procedure,
1
Cf. Case of Baena-Ricardo et al.. Competence. Judgment of November 28, 2003. Series C No.
104, para. 131.
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