17
and only then consider the case closed.” Articles 33 and 62(3) of the
Convention are cited in this respect;
j)
There is considerable difference between the system of the American
Convention and the system of the European Convention.
The latter
“establishes the need to grant the injured party fair satisfaction if the
domestic law of the high contracting party only allows the partial elimination
of the consequences of a decision or measures taken by that State that are
contrary to the European Convention.” The American normative is “broader
and more protective of the victim of human rights violations” and “is more
assertive in terms of reparation, because it grants the Inter-American Court
authority, in the cases when it determines violations of [the American
C]onvention, to decide that the injured party is guaranteed the enjoyment of
the right or freedom that was violated”;
k)
“The practical manifestation of the Court’s authority to monitor is not
unique; other international instances responsible for monitoring respect for
human rights have established their own mechanisms.” For example, it cited
the United Nations Human Rights Committee;
l)
Monitoring implementation is considered essential “in order to do
justice to the victims by applying corrective measures and upholding the
authority of an important human rights body;
m)
In addition to the State obligation to protect and respect the rights
embodied in the Convention, “the States are obliged to ensure the integrity
and effectiveness of the Convention.”
The American Convention also
contained the collective guarantee of the States Parties to supervise genuine
compliance with the decisions of the bodies of the inter-American system. In
other words, “[t]his general protection obligation or collective guarantee is in
the interest of each State and all of them as a whole”;
n)
The collective guarantee “can be manifested through the intervention
of the political organs of the Organization of American State in case of noncompliance,” pursuant to Article 65 of the Convention. However, “political
control does not exclude juridical control”;
o)
The American Convention “establishes the Court’s authority and
obligation to monitor compliance with its decision in order to repair the
damage caused and to protect the victims, and part of this authority is to
inform the OAS General Assembly about the conduct of the States in this
respect”; and
p)
“It is to be hoped that the State of Panama will assume its
international obligations arising from the American Convention and from
having accepted the contentious jurisdiction of the Inter-American Court.
Refusing to comply with the decisions [….] of this Court and questioning its
authority to monitor compliance with its judgment of February 2001
jeopardizes the Panamanian State’s credibility before the international
community.”