6
3.
That the representatives of the victim and her next of kin, and also the InterAmerican Commission on Human Rights, must submit their comments on the report of
the State mentioned in the preceding operative paragraph within 15 days of receiving it.
[…]
19.
The note of the Secretariat of October 27, 2003, in which it reiterated to the
State that it must present the report on the status of compliance with judgment in
this case, in accordance with the Court’s Order of September 9, 2003, the time limit
for which had expired on October 18, 2003. It also requested the State, the
Commission and the representatives of the victim’s next of kin to advise whether
there were any streets in Ecuador that bore the name of Consuelo Benavides
Cevallos, as decided by the Court in its judgment of June 19, 1998.
20.
The brief of the Inter-American Commission of November 14, 2003, in which
it advised that “by a decision of the Municipal Council of Cuenca, province of Azuay,
one of the streets of that city was named for the victim; that in the city of Tulcán,
province of Carchi, a park had been created with the name of ‘Consuelo Benavides
Cevallos’; and that the Ministry of Education and Culture had adopted a ministerial
agreement for a school in the province of Los Ríos to be named in commemoration of
the victim.” It added that “the Municipal Council of the Metropolitan District of Quito
had adopted a resolution approximately two years previously, by which one of the
streets of the city would be named ‘Consuelo Benavides Cevallos’, although this is
still pending execution.” Lastly, the Commission reiterated its concern about the
State’s failure to comply with the fourth operative paragraph of the judgment in
relation to its obligation to investigate, prosecute and punish those responsible for
the violations committed in this case.
CONSIDERING:
1.
That one of the inherent attributes of the jurisdictional functions of the Court
is to monitor compliance with its decisions.
2.
That the State of Ecuador has been a State Party to the American Convention
since December 28, 1977, and accepted the obligatory jurisdiction of the Court on
August 13, 1984.
3.
That, in view of the final and non-appealable character of the judgments of
the Court, as established in Article 67 of the American Convention, they should be
complied with fully and promptly.
4.
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.” The treaty obligations of the States Parties are
binding for all the powers and organs of the States.
5.
That Article 1(1) of the Convention established the obligation of the States
Parties to respect the rights and freedoms recognized in that instrument and to
ensure their free and full exercise to all persons subject to their jurisdiction.
6.
That the obligation to comply with the decisions of the Court’s judgments
corresponds to a basic principle of the law of 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
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