15
i)
From Article 65 of the Convention, it can be inferred that the Court
has competence to require the parties in a case to provide information on
compliance with the judgments, and also to rule on this compliance;
j)
“It did not share the interpretation of the State, according to which,
Article 65 of the Convention merely grants obligations of an administrative
nature to the Court.”
The inter-American protection system “does not
consider, as in the case of the European system and the International Court
of Justice (ICJ), that a political body should monitor compliance with the
judgments of the Court.” Moreover, the Convention does not indicate that
the OAS General Assembly will supervise execution of the Court’s judgments.
The Court informs the said Assembly of non-compliance with its decisions by
of a State, so that the Assembly “may take measures to insist on
compliance”;
k)
The Court has competence to monitor compliance, “taking decisions”
and can also “issue obligatory orders in that respect and, subsequently, in
cases in which such orders are not respected, inform the General Assembly of
this non-compliance and recommend actions”;
l)
The court of appeal of the International Criminal Tribunal for the
former Yugoslavia indicated that it had competence to determine whether “a
State complied or not” with its decisions, “in order to then inform the UN
Security Council of this non-compliance.” The “Tribunal indicated that this
determination was an essential stage of the proceedings”20;
m)
It reiterated that Article 65 of the Convention “confirms the
competence of the Court to issue resolutions on compliance, that this
competence is not only embodied in the Convention, but has also been an
extended and constant practice of the Court itself”;
n)
“When the Court determines the international responsibility of a State
for violations of the Convention, the State must comply with the judgment of
the Court and ensure reparations to the victims”; and
o)
The “Court is competent to issue orders on compliance and [...] what
it orders is perfectly compatible with its competence to monitor compliance
with its decisions. Therefore, the doctrine of excès de pouvoir invoked by the
State[,] applicable when a tribunal acts without having competence for such
an act, is totally inapplicable.”
56.
In its comments (supra paras. 29 and 50) on the briefs of the State of
February 27 and June 30, 2003, (supra paras. 26 and 41), CEJIL, the legal
representative of most of the victims, indicated, inter alia, that:
a)
The position of the State reveals a substantial lack of awareness of
inter-American law;
20
ICTY, Appeals Chamber, Judgment on the Request of The Republic of Croatia for Review of the
Decision of Trial Chamber II of 18 July 1997, 29 October 1997, para. 33 et seq.