3
6.
The brief of November 27, 2007 whereby the representatives submitted their
observations to the State's reports.
7.
The communication of December 21, 2007 by which the Commission
requested an extension until January 10, 2008 to forward the observations to the
first State’s report.
8.
The Secretariat's note of January 7, 2008 by which, following the instructions
of the President of the Court, it informed that the Court granted the extension
requested by the Commission.
9.
The brief of January 18, 2008 whereby the Commission submitted the
observations to the first State’s report.
10.
The communication of February 21, 2008 by which the State indicated that
the Attorney General of Paraguay requested the President of the Republic to "enact a
Decree for the implementation of the Inter-Institutional Commission in order to
comply with the Judgments delivered by the Court."
CONSIDERING:
1.
It is an inherent power of the judicial functions of the Court to monitor
compliance with its decisions.
2.
That Paraguay has been a State Party to the American Convention since
August 24, 1989, and that it accepted the binding jurisdiction of the Court on March
26, 1993.
3.
That article 68(1) of the American Convention stipulates that ““[t]he States
Parties to the Convention undertake to comply with the judgment of the Court in any
case to which they are parties”. Therefore, the States must ensure that the rulings
set out in the decisions of the Court are implemented at the domestic level.1
4.
That, in consideration of section 67 of the American Convention which
stipulates that the judgment of the Court shall be final and shall not be subject to
appeal, such judgment shall be fully and promptly complied with by the State.
5.
That the obligation to comply with the rulings of the Court conforms to a basic
principle of the law on the international responsibility of States, under which States
are required to fulfill their international treaty obligations in good faith (pacta sunt
servanda) and, as previously held by the Court and provided for in Article 27 of the
Vienna Convention on the Law of Treaties of 1969, States cannot invoke their
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para 60; Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring Compliance with
the Judgment. Order of the Inter-American Court of Human Rights of May 7, 2008; Considering Clause
three and Case of Gómez- Paquiyauri Brothers v. Peru. Monitoring Compliance with Judgment. Order of
the Inter-American Court of Human Rights of May 3, 2008, Considering Clause three.