judgments, providing participatory opportunities for dialogue and consensus-building
with the State authorities and the victims or their representatives. This new
momentum has been well received by the different actors involved in cases before
the Court. In this regard, it is worth recalling the observations of the General
Assembly of the Organization of American States, which, since 2009, has repeatedly
indicated “the importance and constructive nature of the private hearings on
monitoring compliance with the judgments delivered by the Inter-American Court and
3
their positive results.” It has also encouraged “the holding of hearings on monitoring
compliance with judgments, as one of the most effective mechanisms implemented to
4
make progress in compliance with them.”
3. To illustrate the relevance of this power, it is worth recalling what happened in the
case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. In this case, as a
result of holding a private hearing and a meeting for discussions at the seat of the
Court, the State made a series of commitments addressed at implementing the only
operative paragraph of the judgment that remained pending. This resulted in full
compliance with the judgment and the closing of the case, seven months after the
hearing, with the demarcation and titling of more than 70,000 hectares, in
accordance with the order issued by the Court on April 3, 2009.5 Also, in the case of
Valle Jaramillo v. Colombia, there was a rapprochement between the State and the
representatives during the private hearing towards dialogue and consensus-building
to implement the measure of reparation concerning the award of a grant to study or
to obtain vocational training, which was provided less than a month later following
the joint presentation of an agreement on an alternative way to comply with this
6
measure, which was subsequently found admissible by the Court. Similarly, after a
private hearing had been held in the case of Vargas Areco v. Paraguay, the Court
recorded, with regard to the obligation to pay the interest on arrears corresponding to
the amount of the compensation for pecuniary and non-pecuniary damage, and
reimbursement of costs and expenses, “the willingness revealed by the parties to
make progress on this point based on an agreement and await[ed] updated
information on the steps taken and the results achieved as regards compliance with
7
this aspect of the reparations.”
3
General Assembly, Resolution AG/RES. 2500 (XXXIX-O/09) approved at the fourth plenary session
held on June 4, 2009, entitled “Observations and Recommendations on the Annual Report of the Inter-American
Court of Human Rights”, p. 3; Resolution AG/RES. 2587 (XL-O/10) approved at the fourth plenary session held
on June 8, 2010, entitled “Observations and Recommendations on the Annual Report of the Inter-American
Court of Human Rights”, p. 2, and Resolution AG/RES. 2652 (XLI-O/11) approved at the fourth plenary session
held on June 7, 2011, entitled “Observations and Recommendations on the Annual Report of the Inter-American
Court of Human Rights”, para. 6.
4
General Assembly, Resolution AG/RES. 2500 (XXXIX-O/09), supra note 3, fifth operative paragraph;
Resolution AG/RES. 2587 (XL-O/10), supra note 3, fifth operative paragraph, and Resolution AG/RES. 2652
(XLI-O/11), supra note 3, sixth operative paragraph.
5
Cf. Case of the Mayagna (Sumo) Awas Tingni Community v. Nicaragua. Monitoring compliance with
judgment. Order of the Inter-American Court of Human Rights of April 3, 2009, first and second operative
paragraphs.
6
Cf. Case of Valle Jaramillo v. Colombia. Monitoring compliance with judgment. Order of the InterAmerican Court of Human Rights of February 28, 2011, considering paragraphs 34 to 37, and Case of Valle
Jaramillo v. Colombia. Monitoring compliance with judgment. Order of the Inter-American Court of Human
Rights of May 15, 2011, considering paragraphs 6 to 11.
7
Case of Vargas Areco v. Paraguay. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of November 24, 2010, considering paragraph 39.
2