3
laws to escape from their pre-established international responsibility.3 The treaty
obligations of States Parties are binding on all State powers and organs.4
6.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic legal
systems. This principle applies not only in connection with the substantive provisions of
human rights treaties (i.e. those dealing with provisions on protected rights) but also in
connection with procedural rules, such as the ones concerning compliance with the
decisions of the Court. Such obligations are intended to be interpreted and enforced in a
manner such that the protected guarantee is truly practical and effective, taking into
account the special nature of human rights treaties.5
*
*
*
7.
That, as to the obligation to investigate the facts of the instant case, identify and
if applicable, try and punish the responsible, the State informed that the Attorney
General’s Office, by means of a brief of August 25, 2006, filed an appeal for review with
the Supreme Court of Justice. The State pointed out that the appeal for review filed with
the Court due to the torture to which the victim, Mr. Wilson Gutiérrez Soler, was
subjected, has been admitted by the Supreme Court of Justice by means of a court order
of July 16, 2007 and that at the moment, is being processed according to Articles 223 to
227 of the Penal Code. To such regard, the State informed that it is aware of the fact
that “the measures already taken do not imply that this obligation has been complied
with"; notwithstanding, it considered that the measures adopted constitute an "important
progress to identify, try and punish the responsible and accordingly, it [requested] that
such measures [be] assessed by the parties”.
8.
That the Inter-American Commission deemed pertinent the information provided
by the State and it was waiting for information on the progress of the appeal for review
filed with the domestic courts. Accordingly, the representatives pointed out that “even
though it is true that the appeal for review […] constitutes an important progress within
the domestic legal system, as a way of enforcing the decisions delivered by international
bodies within the justice domain, it is not less true that such must be implemented within
a reasonable time”. According to the representatives, the appeal for review of this case
"has not been expedited straightforward as the Court established and yet, two years
3
Cf. Case of García Asto and Ramírez Rojas. Monitoring Compliance with the Judgment, supra, note 1;
Considering Clause six; Case of Molina Theissen. Monitoring Compliance with Judgment, supra note 1, Having
Seen Clause three.
4
Cf. Case of Baena Ricardo et al. Competence, supra note 1, para.60; Case of Gomez Palomino.
Monitoring Compliance with Judgment Order of the Inter-American Court of Human Rights of October 18, 2007;
Considering Clause seven; Case of Garcia Asto and Ramirez Rojas. Monitoring Compliance with Judgment,
supra note 1, Having Seen Clause six.
5
Cf. Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999. Series C No. 54, para.
37; Case of Gómez Palomino. Monitoring Compliance with Judgment, supra note 4; Considering clause four;
Case of García Asto and Ramírez Rojas. Monitoring Compliance with the Judgment, supra, note 1; Considering
Clause seven; Case of Molina Theissen. Monitoring Compliance with Judgment, supra note 1, Having Seen
Clause four.
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