-55.
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 pre-established international responsibility. The State Parties’
obligations under the Convention bind all State branches and organs.2
6.
That States Parties to the Convention must guarantee compliance with the
provisions thereof and their effects (effet utile) at the domestic-law level. This principle
applies not only in connection with the substantive provisions of human rights treaties
(i.e., those addressing the protected rights), but also in connection with their
procedural provisions, such as those concerning compliance with the Court’s decisions.
These obligations are to be interpreted and enforced in a manner such that the
protected guarantee is truly practical and effective, considering the special nature of
human rights treaties.3
7.
That State Parties to the Convention that have also recognized the binding
jurisdiction of the Court have the duty to comply with the obligations established by it.
Accordingly, Suriname shall adopt all necessary measures to give effect to the Court’s
decisions, as contained in its Order of November 21, 2007 (supra Having Seen clause
No. 3). This obligation includes the duty to inform the Court about the actions adopted
to comply with the reparations ordered by the Court, which are pending fulfilment.
8.
That providing sufficient information on compliance with the Judgment is a duty
of the State, repeatedly stated by this Court.4 However, in accordance with the
referred Order of the Tribunal (supra Having Seen clause No. 3), the State had a
specific duty to submit, by March 25, 2008, a detailed report on the actions taken in
compliance with the Judgment. Said report has not been received as of today.
Moreover, pursuant to the instructions of the President, in several communications the
State was required to submit such report as soon as possible, and it was even granted
a new term to do it (supra Having Seen clause No. 4). Nevertheless, the State also
failed to submit said report within the new term granted.
9.
That this Court has considered that timely fulfillment of the State’s duty to
inform the Tribunal is essential to assess the status of compliance with the Judgment5.
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 La Cantuta v. Peru. Monitoring Compliance with
Judgment. Order of the Court of December 7, 2009, considering clause No. 5, and Case of CantoralBenavides v. Peru. Monitoring Compliance with Judgment. Order of the Court of July 9, 2009, considering
clause No. 5.
3
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No.
54, para. 37; Case of La Cantuta v. Peru, supra note 2, Considering clause No. 6, and Case of CantoralBenavides v. Peru, supra note 2, considering clause No. 6.
4
Cf. Case of Neira Alegría et al v. Peru. Monitoring Compliance with Judgment. Order of the Court of
November 28, 2002, considering clause No. 9; Case of Cantoral-Benavides v. Peru, supra note 2, considering
clause No. 20, and Case of Palamara-Iribarne v. Chile. Monitoring Compliance with Judgment. Order of the
Court of November 30, 2007, considering clause No. 7.
5
Cf. Case of Barrios Altos. Monitoring Compliance with Judgment. Order of the Court of of November
17, 2004, considering clause No. 7; Case of Cantoral-Benavides v. Peru, supra note 2, considering clause No.
21, and Case of Palamara-Iribarne, supra note 2, considering clause No. 7.