38
cases.90 With regard to provisional measures, the Court also applied Article 65 of the
Convention in the James et al. case.91
113. More recently, the Court delivered two judgments on competence in the
Ivcher Bronstein and the Constitutional Court cases,92 faced with the attempted
withdrawal, with immediate effect, from the acceptance of the contentious
jurisdiction of the Inter-American Court by the State of Peru. In addition to issuing
these two judgments on competence, the Court, in a communication addressed to
the OAS Secretary-General, César Gaviria Trujillo, on September 28, 1999, stated
that:
[…]
The step taken by Peru sets a serious precedent that directly affects the protection
system established by the American Convention on Human Rights. Since this Court is
entrusted with the defense of the totality of the system, we respectfully request that, as
the depositary of the Convention, you take the measures that you consider appropriate
in view of the conduct of the Peruvian State.93
Therefore, it is 1999 Annual Report, the Court exercised the authority established in
Article 65 of the Convention to inform the OAS General Assembly so that it would
urge the State of Peru to comply with all the judgments delivered by the Court.94
In Notes CDH-S/768 and CDH-S/788 of November 12 and 24, 2000, respectively,
addressed to the OAS Secretary-General, César Gaviria Trujillo, the Court once again
referred to the non-compliance with its decisions by Peru.95 The OAS General
Assembly ruled in this respect when it adopted the Annual Report of the Court for
2000 in Resolution AG/RES. 1827 (XXXI-O/01).96
90
Cf. Inter-American Court of Human Rights. Informe Anual de la Corte Interamericana de Derechos
Humanos, 1999, OEA/Ser.L/V/III.47 Doc.6, p. 45; and Inter-American Court of Human Rights. Informe
Anual de la Corte Interamericana de Derechos Humanos, 2000, OEA/Ser.L/V/III.50 Doc.4, pp. 41, 42,
421, 422 and 423.
91
Cf. Inter-American Court of Human Rights. Informe Anual de la Corte Interamericana de Derechos
Humanos, 1998, OEA/Ser.L/V/III.43 Doc.11, pp. 35-37; and Inter-American Court of Human Rights.
Informe Anual de la Corte Interamericana de Derechos Humanos, 1999, OEA/Ser.L/V/III.47 Doc.6, p. 41.
92
Ivcher Bronstein case. Competence, supra note 35; and The Constitutional Court case.
Competence, supra note 35.
93
Cf. Inter-American Court of Human Rights. Informe Anual de la Corte Interamericana de Derechos
Humanos, 1999, OEA/Ser.L/V/III.47 Doc.6, appendix XL, pp. 793 and 794.
94
Cf. Inter-American Court of
Humanos, 1999, OEA/Ser.L/V/III.47
95
Cf. Inter-American Court of
Humanos, 2000, OEA/Ser.L/V/III.50
Human Rights. Informe Anual de la Corte Interamericana de Derechos
Doc.6, pp. 43-45.
Human Rights. Informe Anual de la Corte Interamericana de Derechos
Doc.4, p. 34 and appendix XXXIV (pp. 421-423).
In Legislative Resolution No. 27401 of January 18, 2001, the State “re-established fully” the contentious
jurisdiction of the Inter-American Court and acknowledged the valid and executable nature of the
judgments and orders issued by the Court.
96
General Assembly resolution AG/RES. 1827 (XXXI-O/01) resolved:
[…]
2.
To acknowledge with satisfaction that on January 31, 2001, the Government of
Peru deposited with the OAS General Secretariat an instrument by which it reaffirmed
that the recognition of the contentious jurisdiction of the Inter-American Court of Human
Rights issued by Peru on October 20, 1980, was fully in effect and binding in all senses
on the Peruvian state, and that the effectiveness of that declaration of recognition should
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