11
Pact of San Jose, Costa Rica, as per Doc. 65 Rev. 1 Corr. 2 of January 7, 1970,21
includes the two final texts with their current number, the verbatim wording of which
is as follows:
Article 65
To each regular session of the General Assembly of the Organization of
American States the Court shall submit, for the Assembly's consideration, a
report on its work during the previous year. It shall specify, in particular, the
cases in which a state has not complied with its judgments, making any
pertinent recommendations.
…
Article 69
The parties to the case shall be notified of the judgment of the Court and it shall
be transmitted to the States Party to the Convention.22
IV
Solution proposed by the Inter-American Court Of Human Rights to the
Pertinent Organs of the OAS Regarding the implementation of Article 65 of
the American Convention
19.
In connection with this matter, it is worth pointing out that on April 5, 2001,
the current President of the Inter-American Court at that moment, Judge Antônio A.
Cançado Trindade; during the dialogue with the Commission of Juridical and Political
Affairs of the Permanent Council of the OAS on the strengthening for the InterAmerican system for the protection of human rights, stated:
88.
Now, before the CJPA, I wish to reiterate the confidence the InterAmerican Court has in the States Party as guarantors of the American
Convention. The States Party individually undertake to comply with the Court’s
judgments and decisions, as stipulated in Article 68 of the American Convention, in
application of the principle of pacta sunt servanda, and also because they are so
obliged under their own internal laws. Likewise, the States Party jointly
undertake the duty to watch over the integrity of the American Convention as
its guarantors. The supervision of the faithful compliance with the Court´s
judgments is a task which befalls all the States Party to the Convention.23
The President of the Court made the abovementioned remarks since, in the same
speech, when referring to the content of a possible Protocol of Amendment to the
American Convention on Human Rights to Strengthen its Mechanism for Protection, he
had stated, as regards the issue in point, that:
21
OAS “Minutes and Documents. Inter-American Specialized Conference on Human Rights”, San Jose, Costa
Rica, November 7-22, 1969, OAS /Ser.K/XVI/1.2, p. 480.
22
OAS “Minutes and Documents. Inter-American Specialized Conference on Human Rights”, San Jose, Costa
Rica, November 7-22, 1969, OAS Ser.K/XVI/1.2, p. 498.
23
ICHR: “The Inter-American Human Rights Protection System on the Threshold of the Twenty-first
Century.” Report: “Basis for a Draft Protocol to the American Convention on Human Rights to Strengthen its
Protection Mechanism” (2001), Volume II, 2nd Edition, May 2003, p. 378.
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