3
5.
That the States Parties to the American Convention must secure compliance with
the provisions thereof and their effects (effet utile) at the domestic law level. This
principle applies not only in relation to the substantive provisions of human rights
treaties (i.e. those dealing with the protected rights), but also in relation to procedural
rules, such as those concerning compliance with the decisions of the Court. Such
obligations are to be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, taking into consideration the special nature of
human rights treaties.4
6.
That the States Parties to the Convention that have accepted the binding
jurisdiction of the Court are under a duty to fulfill the obligations established by the
Court. This obligation includes the State’s duty to report on the measures adopted to
comply with the decisions of the Court. Timely fulfillment of the State’s obligation to
report to the Court on the manner in which it is complying with each of the obligations
ordered by the latter is essential to assess the progress made in compliance with the
Judgment as a whole.5
*
*
*
7.
That pursuant to the eighth operative paragraph of the Judgment, the State must
publicize via broadcast by a radio station with widespread coverage on the Atlantic
Coast, certain sections of said Judgment in Spanish, Miskito, Sumo, Rama, and English,
at least four times at intervals of two weeks between each broadcast.
8.
That in Order of November 29, 2006 (supra Having Seen clause 2), the Court
deemed it necessary that the State prove compliance with its obligation to broadcast
certain sections of the Judgment so that 1) the name of the broadcasting radio station
and 2) the dates and languages of the broadcasts can be identified.
9.
That in its reports of March 14, 2007 and January 25, 2008 (supra Having Seen
clause 3), the State informed that it had publicized the Judgment of the Court, the
number of times and at the intervals ordered therein, by the broadcast radio stations
and in the languages detailed below:
•
•
•
•
in
in
in
in
Puerto Cabezas, by Radio Caribe, in Spanish and Miskito;
Bluefields, by Radio Zinica in English and Spanish;
Bonanza, by Radio Stereo Pis-Pis, four broadcasts in Spanish and Mayagna;
Rosita, by Radio Rosita, sixteen mentions in Spanish and Mayagna; and
with Judgment. Order of the Court of May 9, 2008, Considering clause 4; and Case of Claude-Reyes et al.
Monitoring Compliance with Judgment, supra note 1, Considering clause 5.
3
Cf. Case of Baena-Ricardo et al. Competence, supra note 1, para. 60; Case of the Mayagna (Sumo)
Awas Tingni Community. Monitoring Compliance with Judgment, supra note 1, Considering clause 5; and Case
of Claude-Reyes et al. Monitoring Compliance with Judgment, supra note 1, Considering clause 5.
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of Raxcacó-Reyes. Monitoring Compliance with Judgment, supra note 2, Considering clause 43,
and Case of Claude-Reyes et al. Monitoring Compliance with Judgment, supra note 1, Considering clause 6.
5
Cf. Case of Barrios Altos v. Peru. Monitoring Compliance with Judgment. Order of the Inter-American
Court of Human Rights of September 22, 2005, Considering clause 7; Case of Gómez-Paquiyauri, Monitoring
Compliance with Judgment. Order of the Inter-American Court of May 3, 2008, Considering clause 7; and Case
of Claude-Reyes et al. Monitoring Compliance with Judgment, supra note 1, Considering clause 7.