3
1.
Monitoring compliance with its decisions is an inherent power to the jurisdictional
functions of the Court.
2.
Peru is a State Party to the American Convention on Human Rights (hereinafter "the
American Convention") since July 28, 1978 and acknowledged the jurisdiction of the Court
on January 21, 1981.
3.
In accordance with the provisions of Article 67 of the American Convention, the State
should fully comply with the Court's Judgments. Furthermore, Article 68(1) of the American
Convention stipulates that "[t]he State Parties to the Convention undertake to comply with
the decision of the Court in any case to which they are parties." To this end, States should
ensure the domestic implementation of provisions set forth in the Court's rulings.2
4.
The obligation to comply with the Tribunal's rulings conforms to a basic principle of
international law, supported by international jurisprudence, under which States must abide
by their international treaty obligations in good faith (pacta sunt servanda); and, as set
forth by this Court and in Article 27 of the Vienna Convention on the Law of Treaties of
1969, States cannot, for domestic reasons, ignore their pre-established international
responsibility.3 The treaty obligations of State Parties are binding on all branches and bodies
of the State.4
5.
The States Parties to the Convention must ensure compliance with its conventional
provisions and their effectiveness (effet utile) within their respective domestic legal
systems. This principle applies not only to the substantive provisions of human rights
treaties (i.e., those addressing protected rights), but also to procedural provisions, such as
those concerning compliance with the Court’s decisions. These obligations should be
interpreted and enforced in such a manner that the protected guarantee is truly practical
and effective, bearing in mind the special nature of human rights treaties.5
a) Regarding the obligation to effectively investigate the alleged facts, and
to identify, prosecute and, where appropriate, punish the perpetrators of
the violations (Operative Paragraph 7 of the Judgment);
6.
The State reported that the judicial investigation into the crime against humanity
(forced disappearance) committed against Mr. Santiago Gómez Palomino, which began on
September 12, 2007 due to the complaint filed on June 26, 2007 by the Office of the
Specialized Provincial Criminal Prosecutor for Human Rights, is currently before the Fourth
2
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104, para.
60; Case of Acevedo Buendía et al. ("Dismissed and Retired Workers of the Comptroller's Office") v. Peru.
Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of July 1, 2011,
Considering Clause 3, and Case of Palamara Iribarne v. Chile. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of July 1, 2011, Considering Clause 3.
3
Cf. International responsibility for the issuance and application of laws that violate the Convention (Art. 1
and 2 of the American Convention on Human Rights). Advisory Opinion AO-14/94 of December 9, 1994. Series A
No. 14, para. 35; Case of Palamara Iribarne v. Chile, supra note 2, Considering Clause 4, and Case of Yatama v.
Nicaragua. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of June 30,
2010 , Considering Clause 4.
4
Cf. Case of Castillo Petruzzi et al. v. Peru. Monitoring Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 17, 1999, Considering Clause 3; Case of Palamara Iribarne v. Chile,
supra note 2, Considering Clause 4, and Case of Yatama v. Nicaragua, supra note 3, Considering Clause 4.
5
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Acevedo Buendía et al. ("Dismissed and Retired Workers of the Comptroller's Office") v. Peru,
supra note 2, Considering Clause 6, and Case of Palamara Iribarne v. Peru, supra note 2, Considering Clause 5.