83
[…] the term "recommendations" used by the American Convention should be
interpreted to conform to its ordinary meaning, in accordance with Article 31(1) of the
Vienna Convention on the Law of Treaties. For that reason, a recommendation does not
have the character of an obligatory judicial decision for which the failure to comply
would generate State responsibility. 121
186.
Nevertheless, this Court has also held that:
[…] in accordance with the principle of good faith, embodied in the aforesaid Article
31(1) of the Vienna Convention, if a State signs and ratifies an international treaty,
especially one concerning human rights, such as the American Convention, it has the
obligation to make every effort to apply with the recommendations of a protection organ
such as the Inter-American Commission, which is, indeed, one of the principal organs of
the Organization of American States, whose function is “to promote the observance and
defense of human rights” in the hemisphere (OAS Charter, Articles 52 and 111).
Likewise, Article 33 of the American Convention states that the Inter-American
Commission is, as the Court, competent "with respect to matters relating to the
fulfillment of the commitments made by the State Parties" which means that by ratifying
said Convention, States Parties engage themselves to apply the recommendations made
by the Commission in its reports. 122
187. This Court considers that, in keeping with its jurisprudence constante, once a
case is submitted to the Court, it is up to the Court to determine whether or not the
State violated substantive precepts of Convention; if so, it must then determine the
consequences of those violations. If a case is not submitted to the Court, however,
it is not up to the Court to determine the international responsibilities that the State
has incurred arising from State’s procedural conduct in the case before the
Commission; in fact, a finding of responsibility is a necessary antecedent before a
case can be submitted to the Court. 123
XIII
REPARATIONS
(Application of Article 63(1) of the Convention)
Pleadings of the Commission
188. The Commission asserted that the victims and their representatives were
entitled to reparations and costs. The Commission’s pleadings with regard to Article
63(1) of the Convention are summarized below:
a)
the beneficiaries of the reparations ordered by the Court as a result of
the violations found are: Mauricio Herrera Ulloa and Fernán Vargas
Rohrmoser;
b)
the measures to guarantee enjoyment of the violated right and the
reparations required to bring the State into compliance with its international
responsibility include, inter alia, the following:
restitution, measures of
reparation and satisfaction and the payment of expenses and legal fees
121
Cf. Case of Baena Ricardo et al., supra note 120, para. 191; Case of Loayza-Tamayo. Judgment
of September 17, 1997. Series C No. 33, para. 79; and Case of Genie-Lacayo. Judgment of January 29,
1997. Series C No. 30, para. 93.
122
Cf. Case of Baena Ricardo et al., supra note 120, para. 192; and Case of Loayza-Tamayo, supra
note 121, paragraphs 80 and 81.
123
Cf. Case of Baena Ricardo et al., supra note 120, para. 193.
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