6
4.
That, because the judgments of the Court are final and not subject to appeal,
as established in Article 67 of the American Convention, the State is required to
promptly and fully comply therewith.
5.
That the obligation to comply with the Court’s judgments conforms to a basic
principle of the law on the international responsibility of States, as supported by
international case law, under which States are required to comply with their
international treaty obligations in good faith (pacta sunt servanda) and, as previously
held by the Court and provided for in Article 27 of the Vienna Convention on the Law of
Treaties of 1969, States cannot invoke their internal laws for failure to honor their preestablished international responsibility. The States Parties obligations under the
Convention bind all branches and organs of State.4
6.
That the States Parties to the Convention are required to guarantee compliance
with the provisions thereof and their effects (effet utile) within their own domestic
laws. This principle is applicable not only to the substantive provisions of human rights
treaties (i.e. those dealing with protected rights) but also to procedural rules, such as
those concerning compliance with the decisions of the Court. These obligations are to
be interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, bearing in mind the special nature of human rights treaties.5
*
*
*
7.
That regarding the duty to pay indemnification for pecuniary and non-pecuniary
damages, the representatives stated in the private hearing that the judicial process by
which the first payment had been made and by which the second payment would be
made obliged the beneficiary of reparations to hire an attorney and appear personally
in court to claim payment. The representatives also reported that so far, the State had
paid the victims the equivalent of 18% of the amount due for redress and expenses,
without considering interest payments for arrearage. The Court takes note of the
commitment assumed by Paraguay (infra Considering clause 13) and points out that
the State is under obligation to abide by the orders without imposing additional
burdens on the victims in order to make redress viable. For this reason, it is essential
for the State not only to pay what it owes, but to do so in whatever way is most
practical and expeditious for the beneficiaries.
8.
That regarding the duty to provide medical and psychological care, the State
claimed in the private hearing that health authorities had found it difficult to identify
victims in order to provide them with needed health care and, moreover, many victims
did not present the identification cards they had received to exempt them from paying
4
Cfr. I/A Court HR. International Responsibility for the Promulgation and Enforcement of Laws in
Violation of the Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion
OC-14/94 of December 9, 1994, par. 35; I/A Court HR. Case of Palamara-Iribarne v. Chile , Monitoring
Compliance with Judgment, supra note 3, Considering clause 5; and I/A Court HR. Case of Molina-Theissen
v. Guatemala, Monitoring Compliance with Judgment, supra note 3, Considering clause 3.
5
Cfr. I/A Court HR. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999,
Series C No. 54, par. 37; I/A Court HR. Case of Palamara-Iribarne v. Chile, Monitoring Compliance with
Judgment, supra note 3, Considering clause 6; and I/A Court HR. Case of Gómez Palomino v. Peru.
Monitoring Compliance with Judgment. Order of October 18, 2007, Considering clause 4.