4
case to which they are parties”. Therefore, the States must ensure that the rulings set
out in the decisions of the Court are implemented at the domestic level.1
4.
That, in consideration of section 67 of the American Convention which stipulates
that the judgment of the Court shall be final and shall not be subject to appeal, such
judgment shall be fully and promptly complied with by the State.
5.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, under which States are
required to fulfill their international treaty obligations in good faith (pacta sunt
servanda) and, as previously held by the Court and provided for in Article 27 of the
Vienna Convention on the Law of Treaties of 1969, States cannot invoke their
municipal laws to escape from their pre-established international responsibility. The
treaty obligations of States Parties are binding on all State powers and organs.2
6.
That 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 in connection with the substantive provisions
of human rights treaties (i.e. those dealing with provisions on protected rights) but
also in connection with procedural rules, such as the ones concerning compliance with
the decisions of the Court. Such obligations are intended to be interpreted and
enforced in a manner such that the protected guarantee is truly practical and effective,
taking into account the special nature of human rights treaties.3
7.
That those States Parties to the American Convention that have accepted the
binding jurisdiction of the Court are under a duty to fulfill the obligations set by the
Tribunal. This obligation includes the State’s duty to report on the measures adopted
to comply with such decisions of the Court. Timely fulfillment of the State’s obligation
to report to the Corut on the exact manner in which it is complying with each of the
aspects ordered by the later is essential to evaluate the whole status of compliance in
this case4.
1
Case of Baena Ricardo et al v. Panamá. Competence. Judgment of November 28, 2003. Series C No.
104, para. 131; Case of Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring Compliance with
the Judgment. Order of the Inter-American Court of Human Rights of May 7, 2008; third Considering Clause;
and Case of Gómez- Paquiyauri Brothers v. Perú. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of May 3, 2008, Considering Clause three.
2
International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (articles 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
December 9, 1994, para. 35; Case of Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring
Compliance with Judgment. Supra note 1; considering clause five; and Case of Gómez-Paquiyauri Brothers.
Monitoring Compliance with Judgment, supra note 1, considering clause five.
3
Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring Compliance with
judgment. Supra note 1; considering clause six; and Case of Gómez-Paquiyauri Brothers. Monitoring
Compliance with Judgment, supra note 1, Considering Clause six.
4
Case of Barrios Altos v. Perú. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of September 22, 2005; Considering Clause seven; 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 five; 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 five.