As revealed by the Judgment itself, this request for confidentiality was not only made after
the signature of the said reparations agreement but, also, the State did not have the
opportunity to rule on it, or simply did not do so.
Admittedly, although the State’s acquiescence is not a requirement sine qua non 3 for the
Court to proceed as it has, it is not less true that the absence of an observation by the State
may constitute an infringement of the principle of procedural equality.
II. The Judgment of the Court
In addition, it is evident that the Judgment must include the section on compensation, 4
particularly when there is no provision, either in the Convention, the Statutes or the Rules
of Procedure, that exempts the Court from determining this compensation in its judgment,
either on merits or on reparations and costs.
III. Principle of full disclosure
Furthermore, it should be added that neither is there a provision in the Convention, the
Statute or the Rules of Procedure that authorizes the Court to maintain secret or
confidential the amount of the reparations and compensation that it orders in its judgments.
And, quite to the contrary, there is a provision of the Convention that supposes precisely
the public nature of this amount or sum, 5 because the execution of an international
judgment at the domestic level necessarily requires awareness of everything that the said
judgment orders.
IV. Principle of transparency
In addition, respect for the principle of transparency that inspires the Court’s judgments and
that is established in the Convention, 6 the Statute of the Court, 7 and in its Rules of
Procedure, 8 must be taken into consideration.
3
Art. 63 of the Court’s Rules of Procedure: “When the Commission, the victims or alleged victims, or their
representatives, the respondent State or, if applicable, the petitioning State in a case before the Court inform it of
the existence of a friendly settlement, commitment, or any other occurrence likely to lead to a settlement of the
dispute, the Court shall rule upon its admissibility and juridical effects at the appropriate procedural time.”
4
Art. 63(1) of the American Convention on Human Rights (hereinafter “the Convention”): “If the Court finds
that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured
party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the
consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that
fair compensation be paid to the injured party.” And, Article 65(g) and (h) of the Court’s Rules of Procedure: “the
decision on the case,” and “the ruling on reparations and costs, if applicable.”
5
Art. 68(2) of the Convention: “That part of a judgment that stipulates compensatory damages may be
executed in the country concerned in accordance with domestic procedure governing the execution of judgments
against the State.”
6
Art. 69 of the Convention: “The parties to the case shall be notified of the judgment of the Court and it shall
be transmitted to the States Parties to the Convention.”
7
Art. 24(3) of the Statute of the Court: “The decisions, judgments and opinions of the Court shall be
delivered in public session, and the parties shall be given written notification thereof. In addition, the decisions,
judgments and opinions shall be published, along with the judges’ individual votes and opinions and with such
other data or background information that the Court may deem appropriate.”
8
Art. 32 of the Court’s Rules of Procedure: “Publication of judgments and other decisions. 1. The Court shall
make public: (a) its judgments, orders, opinions, and other decisions, including separate opinions, dissenting or
concurring, whenever they fulfill the requirements set forth in Article 65(2) of these Rules; (b) documents from the
case file, except those considered unsuitable for publication; (c) the conduct of the hearings, except private
2