5.
The communication of June 9, 2011, in which the Inter-American
Commission on Human Rights (hereinafter “the Commission” or “the InterAmerican Commission”) presented its observations to the report forwarded by the
State (supra Having Seen paragraph 3).
6.
The notes of the Secretariat of the Court of March 12 and May 24, 2012,
reminding the State that, according to the Operative Paragraph 6 of the Order of
November 22, 2010 (supra Having Seen paragraph 2), the State must submit a
report on compliance with the measures of reparation that are still pending, and
that the State’s last report had been presented on April 6, 2011. Consequently, on
the instructions of the President of the Court, the State was requested to submit a
new report on the measures adopted to comply with the pending reparations as
soon as possible, in accordance with said Order.
CONSIDERING THAT:
1.
It is an inherent attribute of the jurisdictional functions of the Court to
monitor compliance with its decisions.
2.
Argentina has been a State Party to the American Convention on Human
Rights (hereinafter “the American Convention” or “the Convention”) since
September 5, 1984, and recognized the contentious jurisdiction of the Court on that
date. On March 31, 1989, Argentina ratified the Inter-American Convention to
Prevent and Punish Torture (hereinafter “the Convention against Torture” or “the
ICPPT”).
3.
According to the provisions of Article 67 of the American Convention, the
State must comply fully and promptly with the judgments of the Court. In addition,
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
domestic level of the Court’s decisions in its judgments.1
4.
The obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of international law, supported by international case
law, according to which States must comply with their international treaty
obligations in good faith (pacta sunt servanda) and, as this Court has already
indicated and as established in Article 27 of the 1969 Vienna Convention on the Law
of Treaties, a party may not invoke the provisions of its internal law as justification
for its failure to abide by a treaty. The treaty obligations of the States Parties are
binding for all the powers and organs of the State. 2
5.
The States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle applies not only to the substantive provisions of human
rights treaties (i.e. those addressing protected rights), but also to procedural
provisions, such as those referring to compliance with the Court’s decisions. These
obligations should be interpreted and applied so that the protected guarantee is
1
Cf. Case of Baena Ricardo et al. Jurisdiction. Judgment of November 28, 2003. Series C No.
104, para. 60; Case of Kawas Fernández v. Honduras. Monitoring Compliance with Judgment. Order of
the Inter-American Court of Human Rights of February 27, 2012, Considering paragraph 2.
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994. Series A No. 14, para. 35, and Case of Caballero Delgado and Santana v. Colombia.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of February
27 2012, Considering paragraph 5.
2