3
3.
The briefs of July 31, August 3 and December 21, 2005, and August 25 and
December 22, 2008, and June 1st and 23, 2009, whereby the State furnished information
germane to compliance with the Judgment.
4.
The briefs of February 14 and September 30, 2008, January 16 and July 10, 2009
whereby the Centro por la Justicia y el Derecho Internacional (Center for Justice and
International Law) (hereinafter, “CEJIL”) and the Asociación Pro Derechos Humanos (Human
Rights Association) (hereinafter, “APRODEH,”) representatives of the victims and their next
of kin (hereinafter, the “representatives) submitted their comments on the State’s report on
compliance with the Judgment.
5.
The briefs of March 10 and November 6, 2008 and February 4 and August 26, 2009,
whereby the Inter-American Commission on Human Rights (hereinafter, the “Commission”)
submitted its comments on the information provided by the State on compliance with the
Judgment.
Considering:
1.
It is an inherent power of the judicial functions of the Court to monitor compliance
with its decisions.
2.
That Peru is a State Party to the Convention since July 28, 1978, and accepted the
contentious jurisdiction of the Court on January 21, 1981.
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.” For such purpose, States are required to guarantee implementation of the
Court’s rulings at the domestic level.1
4.
That, in consideration of Article 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 law regarding the international responsibility of the State. That is, States must
comply with their international treaty obligations in good faith (pacta sunt servanda) and, as
this Court has previously stated and is set forth in Article 27 of the Vienna Convention on
the Law of Treaties of 1969, they cannot invoke their municipal laws to escape their preestablished international responsibility. The State Parties’ obligations under the Convention
bind all State branches 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
1
Cf. Case of Baena Ricardo et al. Competence. Judgment of November 28, 2003. Series C No. 104, para.
60; Case of the Caracazo v. Venezuela. Monitoring Compliance with Judgment. Order of the Inter-American Court
of Human Rights of September 23, 2009; Considering clause No. 3, and Case of Cantoral-Huamaní and GarcíaSanta Cruz v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights of
September 21, 2009, Considering clause No. 3.
2
Cf. International Responsibility for the Promulgation and Enforcement of Laws in Violation of the
Convention (Arts. 1 and 2 of the American Convention on Human Rights). Advisory Opinion OC-14/94 of December
9, 1994. Series A No. 14, para. 35; Case of the Caracazo v. Venezuela, supra note 1, Considering clause No. 5, and
Case of Cantoral-Huamaní and García-Santa Cruz v. Peru, supra note 1, Considering clause No. 5.