29
But, the article also establishes the important concept that the Court must indicate the
cases in which a State has not complied with its judgments, with the pertinent
recommendations of the Court […].61
90.
The Court considers that, when adopting the provisions of Article 65 of
the Convention, the intention of the States was to grant the Court the authority to
monitor compliance with its decisions, and that the Court should be responsible for
informing the OAS General Assembly, through its annual report, of the cases in
which the decisions of the Court had not been complied with, because it is not
possible to apply Article 65 of the Convention unless the Court monitors compliance
with its decisions.
91.
To determine the scope of the provisions of Articles 33, 62(1), 62(3) and
65 of the American Convention, and also Article 30 of the Statute of the Court, and
to comply adequately with the obligation to monitor compliance with its decisions,
the Court has respected the interpretation guidelines established in the American
Convention and in the 1969 Vienna Convention on the Law of Treaties, as well as
taking into consideration the nature of the Convention and the superior common
values which inspired it.
92.
According to the provisions of Article 62(1) of the Convention, the Court has
jurisdiction in all matters relating to the interpretation or application of the American
Convention. In the interests of greater clarity about the meaning of this provision,
we should refer to the English version of this norm, which states that:
A State Party may, upon depositing its instrument of ratification or adherence to this
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. (Emphasis added)
93.
From this, it is evident that, the matters relating to the application of the
Convention encompass everything related to monitoring compliance with the
judgments of the Court. Its obvious that, in the issues related with the application of
the Convention, is included everything referring to the monitoring of the compliance
of the judgments of the Court.
94.
that:
Article 31(1) of the 1969 Vienna Convention on the Law of Treaties states
A treaty shall be interpreted in good faith in accordance with the ordinary meaning to be
given to the terms of the treaty in their context and in the light of its object and
purpose.
95.
Moreover, Article 29(a) of the American Convention establishes that no
provision of the Convention shall be interpreted as permitting any State Party,
group, or person to suppress the enjoyment or exercise of the rights and freedoms
recognized in the Convention or to restrict them to a greater extent than is provided
for therein. An interpretation of the American Convention that did not allow any
body to monitor compliance with judgments by the responsible States would run
counter to the goal and purpose of this treaty, which is the effective protection of
61
OEA/Ser. K/XVI/1.1, Doc. 71, November 21, 1969, p. 8.