2.
Peru has been a State Party to the American Convention (hereinafter, the
“American Convention” or the “Convention”) since July 28, 1978, and accepted the
binding jurisdiction of the Court on January 21, 1981.
3.
In accordance with Article 67 of the American Convention, States must comply
promptly with all aspects of the judgments of the Court. In addition, Article 68(1) of the
American Conventions 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”. To this
end, the States must ensure that the decisions in the Court’s judgments are implemented
at the domestic level.1
4.
The obligation to comply with the decisions in the Court’s judgments corresponds
to a basic principle of the law on the international responsibility of the State, supported
by international case law, according to which, a State must comply with its international
treaty obligations in good faith (pacta sunt servanda) and, as this Court has already
indicated and as established in Article 27 of the 1969 Vienna Convention on the Law of
Treaties, a party may not invoke the provisions of its internal law as justification for its
failure to perform a treaty.2 The treaty obligations of the States Parties are binding for all
the powers and organs of the State.3
5.
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 is applicable not only with regard to the substantive norms of human rights
treaties (that is, those which contain provisions concerning the protected rights), but also
with regard to procedural norms, such as those referring to compliance with the decisions
of the Court. These obligations shall be interpreted and applied so that the protected
guarantee is truly practical and effective, bearing in mind the special nature of human
rights treaties.4
a)
Regarding the obligation “to conduct the corresponding investigations
and apply the pertinent punishments to those responsible for failing
to abide by the judgments delivered by the Peruvian courts in the
applications for protective measures filed by the victims (sixth
operative paragraph of the judgment)
6.
The State indicated that “[w]ith regard to the criminal proceedings […], the Court
itself recognize[d] that they had been exhausted” in its order on monitoring compliance
of November 24, 2009. In this regard, the State added that the fact that “the result of
these actions has not been favorable to the complainants – because it was not
determined that an offense had been committed – does not detract from the fact that the
investigations were conducted by competent bodies and that the remedies provided by
Peruvian law have been exhausted.” Regarding the administrative or disciplinary actions,
the State indicated that, the said order of November 24, 2009, was “the first time the
Court has alluded to that type of action; thus, [in the State’s opinion,] it is interpreting
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104,
para. 60, and Case of the Yean and Bosico Girls v. Dominican Republic. Monitoring compliance with judgment.
Order of the Inter-American Court of Human Rights of October 10, 2011, fourth considering paragraph.
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 American Convention on Human Rights). Advisory Opinion OC-14/94 of December 9,
1994. Series A No. 14, para. 35, and Case of the Yean and Bosico Girls v. Dominican Republic, supra note 1,
fifth considering paragraph.
3
Cf. Case of Castillo Petruzzi et al v. Peru. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of November 17, 1999, third considering paragraph and Case of the Yean and
Bosico Girls v. Dominican Republic, supra note 1, sixth considering paragraph.
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37, and Case of the Yean and Bosico Girls v. Dominican Republic, supra note 1, fifth considering
paragraph.
2