27
The following organs shall have competence with respect to matters relating to the
fulfillment of the commitments made by the States Parties to this Convention:
[…]
b.
The Inter-American Court of Human Rights […]. (Emphasis added)
Likewise, Article 62(1) and 62(3) of the Convention stipulates that:
1.
A State Party may, upon depositing its instrument of ratification or adherence to
[the] Convention, or at any subsequent time, declare that it recognizes as binding, ipso
facto, and not requiring special agreement, the jurisdiction of the Court on all matters
relating to the interpretation or application of [the] Convention.
[…]
3.
The jurisdiction of the Court shall comprise all cases concerning the
interpretation and application of the provisions of this Convention that are submitted to
it, provided that the States Parties to the case recognize or have recognized such
jurisdiction, whether by special declaration pursuant to the preceding paragraphs, or by
a special agreement.
Article 65 of the Convention establishes that:
To each regular session of the General Assembly of the Organization of American States
the Court shall submit, for the Assembly's consideration, a report on its work during the
previous year. It shall specify, in particular, the cases in which a state has not complied
with its judgments, making any pertinent recommendations.
Article 30 of the Statute of the Court states that:
The Court shall submit a report on its work of the previous year to each regular session
of the OAS General Assembly,. It shall indicate those cases in which a state has failed
to comply with the Court’s ruling. It may also submit to the OAS General Assembly
proposals or recommendations on ways to improve the inter-American system of human
rights, insofar as they concern the work of the Court.
86.
The European Convention contains a different text with regard to the
competence to monitor compliance with the judgments delivered by the European
Court of Human Rights. Article 46(2) of this treaty establishes that:
The final judgment of the Court shall be transmitted to the Committee of Ministers,
which will monitor its execution.55
87.
Unlike the inter-American system for the protection of human rights, in
the European system, the Committee of Ministers of the Council of Europe has
55
Within the framework of the European Convention on Human Rights, the provisions transcribed
above, granting competence to the Committee of Ministers of the Council of Europe to monitor compliance
with the judgments of the European Court, is currently being reconsidered, in the sense of authorizing this
Court to intervene in that respect, and the way is being opened to the idea that the European Court should
also play an active role in monitoring compliance with its judgments. (Cf. Ministerial Conference and
Commemorative Ceremony of the 50th anniversary of the Convention, Control of the Execution of
Judgments and Decisions under the European Convention of Human Rights, Rome 3-4 November 2000,
Council of Europe, H/Conf (2000) 8; and European Commission for Democracy through Law (Venice
Commission), Opinion on the Implementation of the Judgments of the European Court of Human Rights,
Opinion No. 209/2002, adopted by the Venice Commission at its 53rd Plenary Session, Venice, 13-14
December 2002, Council of Europe, CDL-AD (2002) 34).