Rights.76 The concept of collective enforcement has also been used by the Committee of
Ministers of the Council of Europe to assess non-compliance with some judgments,77 and was
one of the reasons for the 2009 amendment of Article 46 of the European Convention of
Human Rights to enhance the mechanisms for the execution and monitoring of the
judgments by assigning new faculties to the Committee of Ministers and the European
Court.78
47. In this regard, this Court has indicated that the American Convention, as well as the
other human rights treaties, are applied in keeping with the notion of collective enforcement
and have a special character that differentiates them from other treaties that regulate
reciprocal interests between States Parties.79 This concept of collective enforcement is closely
related to the practical effects of the judgments of the Inter-American Court, because the
American Convention embodies a system that constitutes a real regional public order, the
maintenance of which is in the interest of each and every State Party. The interest of the
signatory States is the preservation of the system for the protection of human rights that
they themselves have created, and if a State violates its obligation to comply with the
decisions of the only jurisdictional organ in this matter, it is violating the undertaking to
comply with the Court’s judgments made towards the other States. Therefore, the task of
the General Assembly of the Organization of American States, in the case of manifest noncompliance with a judgment delivered by the Inter-American Court by one of the States, is
precisely that of protecting the practical effects of the American Convention and preventing
inter-American justice from becoming illusory by being at the discretion of the internal
decisions of a State.
48.
Lastly, the Court finds it pertinent to recall that, once it has determined the
application of Articles 65 of the Convention and 30 of the Statute in cases of noncompliance with its judgments, and has advised this in its Annual Report for the
consideration of the General Assembly of the Organization of American States, the Court
may continue requiring the State to present information on compliance with the respective
judgment when it considers this pertinent. If, following the above, the respective State fails
Legal Obligation Imposed on States Parties to the Covenant, eightieth session, U.N. Doc. HRI/GEN/1/Rev.7 at 225
(2004), para. 2.
76
“Unlike international treaties of the classic kind, the Convention comprises more than mere reciprocal
engagements between contracting States. It creates, over and above a network of mutual, bilateral undertakings,
objective obligations which, in the words of the Preamble, benefit from a ‘collective enforcement.’” ECHR, Case of
Ireland v. United Kingdom (No. 5310/71), Judgment of 18 January 1978, para. 239. Similarly, ECHR, Case of
Mamatkulov and Askarov v. Turkey (No. 46827/99 and 46951/99), Judgment of 4 February 2005, para. 100. Also,
in the Case of Soering v. United Kingdom, the European Court declared that the European Convention should be
interpreted with regard “to its special character as a treaty for the collective enforcement of human rights and
fundamental freedoms. […] Thus, the object and purpose of the Convention as an instrument for the protection of
individual human beings require that its provisions be interpreted and applied so as to make its safeguards practical
and effective.” ECHR, Case of Soering v. United Kingdom (No. 14038/88), Judgment of 7 July 1989, para. 87.
Similarly, ECHR, Case of İlhan v. Turkey (No. 22277/93), Judgment of 27 June 2000, para. 51; Case of Glasenapp
v. Germany (No. 9228/80), Judgment of 28 August 1986, para. 48, and Case of Shamayev et al. v. Georgia and
Russia (No. 36378/02), Judgment of 12 April 2005. Final, 12 October 2005, para. 302.
77
ECHR, Case of Loizidou v. Turkey, (No. 15317/89), Judgment of 23 March 1995, and Council of Europe,
Committee of Ministers, Resolution (Res DH (2001) 80) regarding the judgment of the European Court of Human
Rights of 28 July 1998 in the Case of Loizidou v. Turkey, adopted by the Committee of Ministers on June 26, 2001.
78
“The Parties to the Convention have a collective duty to preserve the Court’s authority – and thus the
Convention system’s credibility and effectiveness – whenever the Committee of Ministers considers that one of the
High Contracting Parties refuses, expressly or through its conduct, to comply with the Court’s final judgment in a
case to which it is party.” Council of Europe, Committee of Ministers, Explanatory report on Protocol 14 to the
European Convention. Available at: http://conventions.coe.int/Treaty/EN/Reports/Html/194.htm (last consulted,
November 23, 2012).
79
Cf. Case of Baena Ricardo et al. v. Panama. Jurisdiction, para. 96.
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