25
76.
Article 25 of the Convention provides that:
1.
Everyone has the right to simple and prompt recourse, or any other effective
recourse, to a competent court or tribunal for protection against acts that violate his
fundamental rights recognized by the constitution or laws of the state concerned or by
this Convention, even though such violation may have been committed by persons acting
in the course of their official duties.
2.
The States Parties undertake:
[…]
c.
to ensure that the competent authorities shall enforce such remedies when
granted.
77.
The Court has established that the formal existence of remedies is not
sufficient; these must be effective; in other words, they must provide results or
responses to the violations of rights included in the Convention.47 In this respect,
the Court has stated that:
[…] those remedies that, owing to the general conditions of the country or even the
particular circumstances of a case, are illusory cannot be considered effective. This may
occur, for example, when there uselessness has been shown in practice, because the
jurisdictional body lacks the necessary independence to decide impartially or because
the means to execute its decisions are lacking; owing to any other situation that
establishes a situation of denial of justice, as happens when there is unjustified delay in
the decision.48
78.
“[T]he safeguard of the individual in the face of the arbitrary exercise of the
power of the State is the primary purpose of the international protection of human
rights”49; such protection must be genuine and effective.
79.
States have the responsibility to embody in their legislation and ensure due
application of effective remedies and guarantees of due process of law before the
competent authorities, which protect all persons subject to their jurisdiction from
acts that violate their fundamental rights or which lead to the determination of the
latter’s rights and obligations.50 However, State responsibility does not end when
the competent authorities issue the decision or judgment. The State must also
guarantee the means to execute the said final decisions.
80.
In this respect, the Inter-American Court declared the violation of Article 25
of the Convention in “Five Pensioners” v. Peru, when it stated that the defendant
State did not execute the judgments issued by the domestic courts for a long period
of time.51
47
Cf. Juan Humberto Sánchez case, supra note 31, para. 121; “Five Pensioners” case, supra note
32, para. 126; and Hilaire, Constantine and Benjamin et al. case, supra note 39, para. 150.
48
Cf. “Five Pensioners” case, supra note 32, para. 126; Hilaire, Constantine and Benjamin et al.
case, supra note 39, para. 150; and Las Palmeras case, supra note 46, para. 58.
49
Cf. “Five Pensioners” case, supra note 32, para. 126; The Constitutional Court case. Judgment of
January 31, 2001. Series C No. 71, para. 89; and Godínez Cruz case. Judgment of January 20, 1989.
Series C No. 5, para. 174.
50
Cf. Cantos case, supra note 31, paras. 59 and 60; The case of the Mayagna (Sumo) Awas Tingni
Community. Judgment of August 31, 2001. Series C No. 79, para. 135; and Durand and Ugarte case.
Judgment of August 16, 2000. Series C No. 68, para. 121.
51
Cf. “Five Pensioners” case, supra note 32, paras. 138 and 141.