18
make its best efforts to comply with this issue of the Judgment as soon as possible.”
67.
That according to the Judgment, the obligation to comply with a certain reparation
measure becomes effective as from the date of service of the Judgment, independent of the
term granted to that end. Hence, when issuing judgments, the Court supposes the State
shall proceed in good faith to make the necessary proceedings and efforts to comply with
the Judgment within the terms established.26 Consequently, since the Judgment was served
on July 28, 2006, the State should have made proceedings to pay the compensation
amounts as well as to reimburse costs and expenses.
68.
That the Court is aware of the various administrative proceedings necessary at
domestic level to make the payments ordered in the Judgment, as well as the obstacles
resulting thereof. However, the lack of information by the State in the file regarding the
proceedings made to comply with this obligation would evidence that Venezuela has been
absolutely passive in this matter.
69.
That Venezuela’s position that it shall make proceedings next year to pay such
amounts in 2011 lacks justification. Such proceedings should have been made immediately
after having been served the Judgment. Furthermore, the State cannot invoke economic
hardship or its domestic laws to justify non-compliance with the obligations resulting from
the American Convention, such as abiding by this Court’s decisions.
70.
Therefore, given the time elapsed since the payment obligation by the State, this
Court considers it is essential that the State adopts all domestic measures leading to
payment of the compensation amounts and reimbursement of costs and expenses resulting
from the Judgment, as soon as possible. Such compliance may not extend beyond fiscal
year 2010. Furthermore, as pointed out by the State and indicated in paragraph 158 of the
Judgment, such payment shall include any interests accrued on the amounts owed for
falling into arrears.
*
*
*
71.
That the representatives considered “important to recall once again that there is a
particularly serious situation in Venezuela regarding the effective compliance by the
Venezuelan State with the Judgments issued by the Inter-American Court [...], since on
December 18, 2008, the Constitutional Chamber of the High Court of Justice of the
Bolivarian Republic of Venezuela issued a decision whereby the Judgment of the InterAmerican Court was declared unenforceable […] in the case of Apitz et al. v. Venezuela.” “In
such decision[,] the highest court of the Venezuelan State argued, inter alia[,] that
compliance with the decisions issued by […] [Inter-American] Court is subordinated to the
study made by the Constitutional Chamber of the High Court, determining whether it is
favorable to the Venezuela domestic legislation. Likewise, the Constitutional Chamber noted
that the Inter-American Court has incurred in usurpation of functions, a reason why such
Chamber requests the National Executive to proceed to denounce the American Convention
[…] pursuant to the provisions of Article 78 thereof.”
72.
That in relation to the statements by the representatives, the Court observes that
the State has indicated its will to comply with orders in the Judgment in this case. To that
end, the State pointed out in its last brief as follows:
26
Cf. Case of the Pueblo Bello Massacre V. Colombia. Monitoring Compliance with Judgment. Order of the
Inter-American Court of Human Rights of July 9, 2009, considering clause 65.