4
municipal laws to escape from their pre-established international responsibility. The
treaty obligations of States Parties are binding on all State powers and organs.2
6.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic
legal systems. This principle applies not only in connection with the substantive
provisions of human rights treaties (i.e. those dealing with provisions on protected
rights) but also in connection with procedural rules, such as the ones concerning
compliance with the decisions of the Court. Such obligations are intended to be
interpreted and enforced in a manner such that the protected guarantee is truly
practical and effective, taking into account the special nature of human rights
treaties.3
*
*
*
7.
That as to the compliance with the obligations established in the Judgment,
the State informed that Inter-Institutional Working Team has been created in order
to fully and effectively comply with the terms ordered in the Judgment.
8.
That, as to this issue, the representatives observed that the Inter-Institutional
Working Team has gathered only one time, that there is no minute of said gathering
showing the monitoring measures adopted by the State and that some of the victims'
next- of-kin indicated that "said institution is more official instead of being of an
executive nature". Moreover, the Commission pointed out that though the State
referred to an Inter- Institutional Team or Commission in its report, it did not provide
any details regarding its composition or functioning.
9.
That the Court values the efforts made in order to fully comply with the
Judgment, specially the fact of having created said working team and urges the
State to continue adopting the necessary measures to ensure the permanent
operation of mechanism towards the goals established and furthermore, the State
must take into account the observations made by the victims' next-of-kin and
representatives regarding the creation and functioning of such mechanism, that are
vital for the effective compliance of the State’s duties.
*
*
*
10.
That as to the State’s obligation to immediately carry out the necessary
procedures to activate and conclude effectively, within a reasonable time, the
investigation to determine the masterminds and perpetrators of the acts committed
to the detriment of Agustín Goiburú Giménez, Carlos José Mancuello Bareiro, Rodolfo
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Articles 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of
September 9, 1994, Series A Nº.14, para. 35; Case of Mayagna (Sumo) Awas Tingni Community, supra
note 1, Considering clause five and Case of the Gómez- Paquiyauri Brothers. supra note 1, Considering
clause five.
3
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of the Inter-American Court of
Human rights of September 24, 1999, para. 37; Case of Mayagna (Sumo) Awas Tingni Community, supra
note 1, Considering clause six and Case of the Gómez- Paquiyauri Brothers. supra note 1, Considering
clause six.