that the Court has been making in this area that allow it to inform the General
Assembly each year, in its Annual Report, on the status of compliance with its
judgments, and it has done this regularly.
8. In this regard, the application of Article 65 of the Convention as regards the specific
identification and singling out of a State before the General Assembly, so that the
latter may act in its capacity as collective guarantor of the inter-American system, is
limited to those exceptional cases in which a real reticence or refusal of the State
concerned to comply with the provisions of the judgment has been verified. This
situation has occurred in specific contexts and very exceptional circumstances
throughout the history of the Inter-American Court. It is only when the State
expressly indicates that it will not comply totally or partially with the decisions, added
to the failure of all possible monitoring measures, that the Court has resorted to
applying Article 65 of the American Convention and has understood that, under these
circumstances, it is not necessary to continue requiring the respective State to
8
present information on compliance with the judgment in question. In my opinion, in
this case, these circumstances have not been constituted yet.
Diego García-Sayán
Judge
Pablo Saavedra Alessandri
Secretary
8
Order of the Inter-American Court of Human Rights of June 29, 2005. Monitoring compliance with judgments
(Applicability of Article 65 of the American Convention on Human Rights).
4