3
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.
The States Parties to the Convention that have accepted the Court’s binding
jurisdiction have a duty to honor the obligations ordered by the Court. Peru,
therefore, must take all measures necessary to effectively comply with what the
Court decided in the Judgment of February 28, 2003 (supra Having Seen 1). This
obligation includes the State’s duty to report to the Court on the measures adopted
to comply with what the Court ordered in that Judgment. This obligation of the State
to tell the Court how it is complying with what the Court ordered is, therefore,
essential in order to assess the status of compliance.
6.
March 12, 2004, was the expiration of the one-year time period set in the
Judgment on merits, reparations and costs of February 28, 2003 (supra Having Seen
1) for the State to submit a report on compliance with the obligations established in
that judgment.
7.
On three different occasions, the Secretariat, following the instructions of the
President and of the Court en banc (supra Having Seen 3, 4 and 5), requested the
State to submit the report on compliance with the judgment; to date, however, the
State has sent no information whatever.
8.
Because the Court has received no information on compliance with the
judgment on merits, reparations and costs of February 28, 2003, it does not have
the data it needs to assess whether reparations have been complied with and to
determine which reparations ordered by the Court have yet to be complied with.
9.
The Court will consider the general status of compliance with its February 28,
2003 judgment on merits, reparations and costs once it receives the pertinent
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,
DECIDES:
1
Cf. Case of Baena-Ricardo et al.. Competence. Judgment of November 28, 2003. Series C No.
104, para. 131.
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