7
assume international responsibility when already established.2 The treaty obligations
of the States Parties are binding for all the powers and organs of the State.
7.
That the States Parties to the American Convention must ensure compliance
with its provisions and their inherent effects (effet utile) within their respective
domestic legal systems. This principle is applicable regarding not only to the
substantive norms of human rights treaties (that is to say, the ones containing
provisions about the protected rights), but also to the procedural norms, such as
those referring to compliance with the decisions of the Court. These obligations must
be interpreted and applied so that the guarantee protected is truly practical and
effective, bearing in mind the special nature of human rights treaties.3
8.
That the States Parties to the Convention that have accepted the compulsory
jurisdiction of the Court have the duty to comply with the obligations ordered by the
Court. In such sense, Peru must adopt all the provisions necessary in order to
effectively comply with the provisions of the Court in the Judgment of November 25,
2004 (supra, Having Seen clause No. 1). Such obligation includes the State’s duty to
report to the Court on the provisions adopted to comply with the measures ordered
by the Court in the aforementioned Judgment. The State’s prompt compliance with
this obligation to inform the Court about the manner in which it is complying with
each one of the measure ordered by the Court is fundamental for assessing the
status of compliance with the judgment as a whole.
*
*
*
9.
That when monitoring full compliance of the Judgment on the merits,
reparations and legal costs in the instant case, and after considering the information
brought forth by the State, by the Commission and by the representatives in their
briefs on compliance with the Judgment (supra Having Seen clauses No. 3 through
5), the Court has examined with which provisions in the aforementioned Judgment
the State has complied, as well as those with which compliance is still pending.
10.
that the representatives did not file the information requested by the
Secretariat of the Court relating to compliance with the requests in operative
paragraphs three, regarding to the obligation to publish the pertinent excerpts from
the Judgment, and seven and eleven, regarding to the payment of compensation for
legal costs and expenses sustained in court. On account of the foregoing, this
Tribunal will assess compliance with such obligations on the basis of the information
provided by the State and by the Commission.
11.
That the State has complied with the obligation to:
a)
publish in the Diario Oficial (Official Gazette) and in another national
daily newspaper, both the Section entitled “Proven Facts” and the operative
paragraphs of the Judgment, for such excerpts have been published in the
2
Cf. Case of the “Five Pensioners”, supra note 1, Considering clause No. 7; Case of BámacaVelásquez, supra note 1, Considering clause No. 5, and Case of the “Juvenile Reeducation Institute”, supra
note 1, Considering clause No. 5.
3
Cf. Case of the “Five Pensioners”, supra note 1, Considering clause No. 8; Case of BámacaVelásquez, supra note 1, Considering clause No. 6, and Case of the “Juvenile Reeducation Institute”, supra
note 1, Considering clause No. 6.
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