2
1.
Monitoring compliance with its decisions is an inherent power to the jurisdictional
functions of the Court.
2.
Guatemala is a State Party to the American Convention on Human Rights
(hereinafter "the American Convention" or "the Convention") since May 25, 1978, and it
acknowledged the contentious jurisdiction of the Court on March 9, 1987.
3.
In accordance with the provisions of Article 67 of the American Convention, the State
should fully and promptly comply with the Court's Judgments. Furthermore, Article 68(1) of
the American Convention stipulates that "the State Parties to the Convention undertake to
comply with the Court's decisions in any case to which they are parties." To this end, States
should ensure the domestic implementation of provisions set forth in the Court's rulings.1
4.
The obligation to comply with the Tribunal's rulings conforms to a basic principle of
international law, supported by international jurisprudence, under which States must abide
by their international treaty obligations in good faith (pacta sunt servanda) and, as set forth
by this Court and in Article 27 of the Vienna Convention on the Law of Treaties of 1969,
States cannot, for domestic reasons, neglect their pre-established international
responsibility.2 The treaty obligations of State Parties are binding on all branches and bodies
of the State.3
5.
The States Parties to the Convention must ensure compliance with its conventional
provisions and their effectiveness (effet utile) within their respective domestic legal
systems. This principle applies not only to the substantive provisions of human rights
treaties (i.e., those addressing protected rights), but also to procedural provisions, such as
those concerning compliance with the Court’s decisions. These obligations should be
interpreted and enforced in such a manner that the protected guarantee is truly practical
and effective, bearing in mind the special nature of human rights treaties.4
A)
Regarding the duty to investigate the acts that led to the violations in
this case, and identify, prosecute and, if necessary, punish those
responsible (Operative Paragraph 6 of the Judgment)
6.
The State indicated that "[t]he present case, identified by file number MP001-200841431 and which is under the responsibility of the Special Cases Section of the Human
1
Cf. Case of Baena Ricardo et al. Competence. Judgement of the Inter-American Court of Human Rights of
November 28, 2003.. Series C No. 104, para. 60; Case of Valle Jaramillo v. Colombia. Monitoring Compliance with
Judgment. Order of the Inter-American Court of Human Rights of February 28, 2011, Considering Clause 3, and
Case of Tibi v. Ecuador. Monitoring Compliance with Judgment. Order of the Inter-American Court of Human Rights
of March 3, 2011, Considering Clause 3.
2
Cf. International responsibility for the issuance and application of laws that violate the Convention (Art. 1
and 2 of the American Convention on Human Rights). Advisory Opinion AO-14/94 of December 9, 1994. Series A
No. 14, para. 35; Case of Valle Jaramillo, supra note 1, Considering Clause 4, and Case of Tibi, supra note 1,
Considering Clause 4.
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, Considering Clause 3; Case of Valle Jaramillo, supra note
1, Considering Clause 4, and Case of Tibi, supra note 1, Considering Clause 4.
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgement of the Inter-American Court of Human
Rights of September 24, 1999. Series C No. 54, para. 37; Case of Valle Jaramillo, supra note 1, Considering Clause
5, and Case of Tibi, supra note 1, Considering Clause 5.