9
abide by its international treaty obligations in good faith (pacta sunt servanda) and,
as this Court has already noted and pursuant to Article 27 of the 1969 Vienna
Convention on the Law of Treaties, may not invoke the provisions of its internal law
to prevent itself from assuming international responsibility that has already been
established.2 The treaty obligations of States Parties are binding for all the powers
and organs of the State.
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 is applicable not only in relation to the substantive
norms of human rights treaties (that is, those which contain provisions concerning
protected rights), but also in relation to procedural norms, such as those referring to
compliance with the decisions of the Court. These obligations must be interpreted
and applied so that the protected guarantee is truly practical and effective, bearing
in mind the special nature of human rights treaties.3
7.
That the States Parties to the American Convention that have accepted the
compulsory jurisdiction of the Court must abide by the obligations established by the
Tribunal. This obligation includes the State’s duty to report to the Court on the
measures adopted to comply with its decisions. The reporting obligation is twofold in
nature and effective compliance therewith requires the formal submission of a
document within the allotted time and with specific, true, updated and detailed
information on the issues to which this obligation refers. Timely observance of the
State’s obligation to report to the Court on how its orders are being fulfilled is
essential to assess the degree of compliance with the judgment taken as a whole.
*
*
*
8.
That operative paragraph No. 11 of the Judgment delivered by the Court on
September 7, 2004 provides for the publication, at least once, in the Official Gazette
and in another newspaper of national circulation within Ecuador, of the chapter on
Proven Facts and operative paragraphs No. 1 to 16 of the Judgment, without the
corresponding footnotes, and that in paragraph 260 of the aforementioned Judgment
it was stipulated that the State had to publish “[…] operative paragraphs No. 1 to
13”. This Court observes that, although the State made the first publication in the
Official Gazette under Official Registry No. 458 of Wednesday, November 10, 2004,
pursuant to the aforementioned paragraph 260 of the Judgment, later, when it
published the extract of the Judgment in the newspaper El Comercio (Quito) on
December 17, 2004, it did so pursuant to operative paragraph No. 11 of the
Judgment. The Tribunal analyzed said publications and, in this respect, considers
that what was ordered in the Judgment has been complied with.
2
Cf. Case of the “Five Pensioners”. Monitoring Compliance with Judgment, supra note 1,
Considering clause No. 7; Case of Bámaca-Velásquez. Monitoring Compliance with Judgment, supra note
1, Considering clause No. 5; Case of the "Juvenile Reeducation Institute". Monitoring Compliance with
Judgment, supra note 1, Considering clause No. 5.
3
Cf. Case of the “Five Pensioners”. Monitoring Compliance with Judgment, supra note 1,
Considering clause No. 8; Case of Bámaca-Velásquez. Monitoring Compliance with Judgment, supra note
1, Considering clause No. 6; Case of the "Juvenile Reeducation Institute". Monitoring Compliance with
Judgment, supra note 1, Considering clause No. 6.
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