9
fosters chronic recidivism of human rights violations and total defenselessness of the
victims and their next of kin.4
10.
The States must comply in good faith with their obligations under conventions
(pacta sunt servanda) as set forth in Article 27 of the 1969 Vienna Convention on
Treaty Law, which defines a basic principle of general international law when it
states that:
[a] party may not invoke the provisions of its internal law as justification for its failure to
perform a treaty. [...]
NOW THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising the authority granted by Article 63(2) of the American Convention on
Human Rights and Article 25 of its Rules of Procedure,
DECIDES:
1.
To find that the State has not effectively implemented the Provisional
Measures ordered by the Inter-American Court in its November 27, 2002 Order.
2.
To reiterate to the State its request for it to adopt, forthwith, such measures
as may be necessary to protect the lives and the right to humane treatment of
Liliana Ortega, Yris Medina Cova, Hilda Páez, Maritza Romero, Aura Liscano, Alicia de
González, and Carmen Alicia Mendoza.
3.
To reiterate to the State its order to allow the applicants to participate in
planning and implementation of the protection measures and, in general, to inform
them of progress regarding the measures ordered by the Inter-American Court of
Human Rights.
4.
To reiterate to the State its order to investigate the facts stated in the
complaint that gave rise to the instant measures, with the aim of discovering and
punishing those responsible
5.
To order the State and the Inter-American Commission on Human Rights to
adopt, no later than March 22, 2003, such measures as may be necessary to
establish an appropriate mechanism for coordination and supervision of the
aforementioned measures.
6.
To order the State to report to the Inter-American Court of Human Rights on
measures adopted in compliance with the instant Order, no later than March 1,
2003.
7.
To order the Inter-American Commission on Human Rights to submit to the
Inter-American Court of Human Rights such observations as it deems pertinent
within a week of receiving notice of the report filed by the State.
4
Cf. Bámaca Velásquez Case. Reparations (Art. 63(1) American Convention on Human Rights).
February 22, 2002 Judgment. Series C No. 91, para. 64; Bámaca Velásquez Case. November 25, 2000
Judgment. Series C No. 70, para. 211 and Loayza Tamayo Case. Reparations (Art. 63(1) American
Convention on Human Rights). November 27, 1998 Judgment. Series C No. 42, para. 170.
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