3
informed the parties that it understood that the representatives exercised representation of
Mr. Chaparro Álvarez only, unless otherwise indicated.
7.
The Secretariat’s note of November 17, 2009, whereby, following the President’s
instructions, it requested the State to submit, as of January 28, 2010, at the latest, a new
report on the advances regarding compliance with the Judgment.
8.
The communication of February 3, 2010, whereby the State requested an extension
for the presentation of its report.
9.
The Secretariat’s note of February 8, 2010, whereby it granted the extension
requested by the State until March 8, 2010. However, this term elapsed and the report was
not submitted to the Court.
10.
The communication of March 2, 2010, whereby Mr. Lapo Íñiguez referred to
compliance with the Judgment in relation to himself.
11.
The communication of May 17, 2010, whereby Mr. Chaparro Álvarez submitted his
observations on compliance with operative paragraph thirteen of the Judgment.
CONSIDERING THAT:
1.
It is an inherent power of the judicial functions of the Court to monitor compliance
with its decisions.
2.
Ecuador has been a State Party to the American Convention on Human Rights
(hereinafter, the “Convention” or the “American Convention”) since December 28, 1977,
and that it recognized the Court’s obligatory jurisdiction on July 24, 1984.
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.” For such purposes, States are required to ensure the implementation of the
Court’s rulings at the domestic level.1
4.
Article 67 of the American Convention, which stipulates that the judgment of the
Court shall be final and shall not be subject to appeal, such judgments shall be fully and
promptly complied with by the State.
5.
The obligation to comply with the rulings of the Court corresponds to a basic principle
of law on the international responsibility of the State, supported by international
jurisprudence, according to which the States must comply with their international
conventional obligations in good faith (pacta sunt servanda) and, as previously held by the
Court and pursuant to Article 27 of the Vienna Convention on the Law of Treaties of 1969,
States cannot, for domestic order reasons, avoid the international responsibility which has
already been established.2 The conventional obligations of the States Parties are binding on
1
Cf. Case of Baena Ricardo et al v. Panama. Competence. Judgment of November 28, 2003. Series C No.
104, para. 131; Case of the Saramaka people v. Suriname. Monitoring Compliance with Judgment. Order of the
President of the Court of April 20, 2010, Considering three, and Case of Heliodoro Portugal v. Panama. Monitoring
Compliance with Judgment. Order of the President of the Court of April 20, 2010, Considering three.
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; Case of the Saramaka People v. Suriname, supra note 1, considering five, and
Case of Heliodoro Portugal v. Panama, supra note 1, considering four.