Inter-American system, as well as the recognition of the inefficiency of the judicial
system of human rights.
This circumstance cannot function as a justification in the present issue, as it is
primarily a political in nature rather than judicial, though it belongs to the judicial
sphere.
IV.- Responsibilities.
Additionally, it is not appropriate to invoke this circumstance, given that it would be
assuming that the topic of compliance with judgments is exclusively the responsibility
of the Court, and not the States. Namely, that the inefficiency of the judicial system of
human rights in this regard is a matter to be resolved by the Court, and not by the
States.
However, the provisions of Article 65 of the Convention and 30 of the Statute of the
Court have as their object, precisely the opposite: that the General Assembly of the
OAS, that is, the States, officially recognize and consequently assume the problem of
noncompliance, in some cases, of judgments of the Court, and adopt the appropriate
measures, if they so deem it necessary. And it is the sovereign States that have
assumed the obligation provided for in Article 68(1) of the Convention. The problem is,
then, their responsibility, as well as the task of solving it. That is the system
established in the Convention and, as such, the Court should not impede its normal
functioning, but rather, allow for it to operate effectively. What follows, therefore, is to
permit the institutionality provided for in the Convention to function as planned.
Likewise, it would be unacceptable, in order to justify the failure to inform the General
Assembly of the OAS, as in the present case, of the noncompliance with judgments, to
cite the fact that the Court has set a precedent, constant and uniform, in this regard. It
is, as it has been described on other occasions13, not just that the Court is unable to
modify the provisions of the Convention, but also that its jurisprudence does not create
law,14 is not binding outside of the case being heard,15 and obviously can be modified
by the Court itself, there being no impediment to this, except for the eventual
inclination it might adopt in favor of a conservative stance on the matter.
Also, it is not appropriate to invoke respect for human rights or the pro homine16
principle as justification for the indefinite extension, as has occurred in the present
13
Dissenting Opinion of Judge Eduardo Vio Grossi regarding the Judgment of the Inter-American
Court on Merits, Reparation, and Costs, Case of Barbani Duarte et al. v. Uruguay, of October 13,
2011, III. General Considerations.
14
Art. 38(1)(d). of the Statute of the International Court of Justice: “1. The Court, whose
function is to decide in accordance with international law such disputes as are submitted to it,
shall apply: …d. subject to the provisions of Article 59, judicial decisions and the teachings of the
most highly qualified publicists of the various nations, as subsidiary means for the determination
of rules of law.”
15
Art. 59 idem: “The decision of the Court has no binding force except between the parties and
in respect of that particular case.”
16
Art. 29 of the Convention: “Restrictions Regarding Interpretation.
6