3
be interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, bearing in mind the special nature of human rights treaties.3
7.
That the States Parties to the Convention, having once accepted the binding
jurisdiction of the Court, must honor obligations set by the Court. This includes the
duty of the State to inform the Court of all measures taken to comply with the orders
that the Court delivers in these decisions. If the Court is to evaluate progress in
compliance with the overall judgment, the State must be prompt in submitting Courtordered reports on its action to discharge each of the items called for in the decision.4
*
*
*
8.
That in compliance with the obligation to provide victims with the information
they requested, if appropriate, or adopt a justified decision in this regard, established
in Operative point 5 of the judgment, the State submitted a note from the Foreign
Investment Committee (FIC) on June 25, 2007. According to the note, on May 19,
1998, the then-Executive Vice President of the FIC met with the victims in the instant
case. Their questions were answered and they were provided the information they
requested about the Río Cóndor project, "obviously respecting standards of publicity
and confidentiality in effect at that time." It also stated that, "the information provided
was what the FIC […] had available and basically included the identity of investors, the
amount of the authorized investment, timetables for capital income and capital actually
produced." Regarding the rest of the information that the victims had requested at that
time, the State reported that "in keeping with its powers, the FIC seeks advance
information from interested organizations only when so required in the specific sectoral
laws covering the activity to be developed by the investor […]. In the case of the Río
Cóndor project, no such legal requirement existed, and therefore the FIC had no
information to provide on this point. We acknowledge that in the meeting, the
applicants were indeed not apprised of this legal situation. In view of all this, […] they
were given […] the information that was available and that [the FIC] was empowered
to deliver in accordance with its legal capacity."
9.
That the representative reported that "the Foreign Investment Committee, […]
within the six-month term granted by the Court[…], proceeded to respond to the
request for access [to information submitted by] the victims in the instant case" and
felt that the State had fully complied with this measure of redress ordered in
judgment.
10.
That the Inter-American Commission said that "it understands that […] the
representatives of the injured party fe[lt] that the State had responded to their
request."
3
Cfr. I/A Court HR. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999,
Series C No. 54, par. 37; Cfr.I/A Court HR. Case of Cantoral Benavides v.Peru . Monitoring Compliance with
Judgment, supra note 2, Considering clause 9; and I/A Court HR. Case of Caballero Delgado y Santana v.
Colombia. Monitoring Compliance with Judgment, supra note 1, Considering clause 6.
4
Cfr. I/A Court HR. Case of Barrios Altos v. Peru. Compliance with Judgment. Order of the InterAmerican Court of Human Rights of September 22, 2005, Considering clause 7; I/A Court HR. Case of
Baldeón García v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human
Rights of February 6, 2008, Considering clause 5; and I/A Court HR. Case of Gómez Palomino v. Peru.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of October 18,
2007, Considering clause 5.