10
10.
The note of the Secretariat of June 27, 2006, in which it informed the parties
that the preceding brief had been submitted to the consideration of the Court in
plenary session during its twenty-ninth special session held in San Salvador, El
Salvador. On the instructions of the Court, it advised that the Court had taken note
of Mr. Vera’s statement with regard to compliance with the respective judgment, and
that this would be assessed opportunely. Nevertheless, since his request for
provisional measures was based merely on the presentation of the said brief, his
situation did not constitute, prima facie, one of extreme gravity and urgency that
could cause irreparable damage, in the terms of Article 63(2) of the Convention.
Consequently, it was not admissible to order the adoption of provisional measures of
protection at that time.
CONSIDERANDO:
1.
That it is an inherent attribute of the jurisdictional functions of the Court to
monitor compliance with its decisions.
2.
That Paraguay has been a State Party to the American Convention since
August 24, 1989, and accepted the compulsory jurisdiction of the Court on March 26,
1993.
3.
That, Article 68(1) of the American Convention establishes that “[[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties.” To this end, the State must ensure implementation
of the rulings of the Court in its decisions at the domestic level.1
4.
That in view of the definitive and unappealable nature of the judgments of the
Court, pursuant to Article 67 of the American Convention, they should be complied
with promptly and fully by the State.
5.
That the obligation to comply with the decisions in the Court’s judgments
corresponds to a basic principle of the law of the international responsibility of the
State, supported by international case law, according to which a State must fulfill its
international treaty obligations in good faith (pacta sunt servanda) and, as this Court
has already indicated and as established in Article 27 of the 1969 Vienna Convention
on the Law of Treaties, a party may not invoke the provisions of its internal law as
justification for its failure to perform a treaty.2 The treaty obligations of the States
Parties are binding for all the powers and organs of the State.
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 is applicable with regard not only to the substantive
1
Cf. the case of the Constitutional Court. Compliance with judgment. Order of the Inter-American
Court of Human Rights of February 7, 2006, third considering paragraph; the case of the 19 Tradesmen.
Compliance with judgment. Order of the Inter-American Court of Human Rights of February 2, 2006, third
considering paragraph, and the case of Ricardo Canese. Compliance with judgment. Order of the InterAmerican Court of Human Rights of February 2, 2006, third considering paragraph.
2
Cf. the case of the Constitutional Court. Compliance with judgment, supra note 1, fifth
considering paragraph; the case of the 19 Tradesmen. Compliance with judgment, supra note 1, fifth
considering paragraph, and the case of Ricardo Canese. Compliance with judgment, supra note 1, fifth
considering paragraph.
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