Since the Judgment orders that “[t]he State must pay the amounts established in the
agreement as compensation for pecuniary and non-pecuniary damage and for
reimbursement of costs and expenses, as appropriate, in the terms of paragraphs 131 to
142 of the Judgment” (eleventh operative paragraph), it is logical to conclude that, in order
to comply with this obligation, the State will be obliged to publicize these amounts, at least
to the institutions that must intervene in the said payment, so that there is no reasons for
them not to appear in the judgment.
B. Principle of transparency
We must also consider the respect for the principle of transparency that inspires the rulings
of the Court. This is established in particular in Article 69 of the Convention, which
stipulates:
“The parties to the case shall be notified of the judgment of the Court and it shall be
transmitted to the States Parties to the Convention.”
In turn, Article 24(3) of the Court’s Statute provides that:
“The decisions, judgments and opinions of the Court shall be delivered in public session, and
the parties shall be given written notification thereof. In addition, the decisions, judgments
and opinions shall be published, along with judges' individual votes and opinions and with
such other data or background information that the Court may deem appropriate.”
Meanwhile, the Rules of Procedure establish, in their Article 32 entitled “Publication of
judgments and other decisions,” that:
1. The Court shall make public:
a. Its judgments, orders, opinions, and other decisions, including separate opinions,
dissenting or concurring, whenever they fulfill the requirements set forth in Article
65(2) of these Rules;
b. Documents from the case file, except those considered unsuitable for publication;
c. The conduct of the hearings, except private hearings, through the appropriate
means;
d. Any other document that the Court considers suitable for publication.
2. Judgments shall be published in the working languages used in each case. All other
documents shall be published in their original language.
3. Documents submitted to the Secretariat of the Court that relate to cases already
adjudicated shall be made accessible to the public, unless the Court decides otherwise.
While Article 67(6) of the Rules of Procedure indicates:
“The originals of the judgments shall be deposited in the archives of the Court. The
Secretary shall dispatch certified copies to the States Parties; the Commission; the
victims or alleged victims, or their representatives; the respondent State; the petitioning
State, if applicable; the Permanent Council through its Presidency; the Secretary General
of the OAS; and any other interested person who requests them.”
Thus, the said provisions determine the publicity and publication of the Court’s decisions,
including its judgments. In addition, they stipulate their notification or communication not
only to the parties to the respective litigation, but also to the States Parties to the
Convention. And, lastly, it is not only the aforementioned that may request a copy of the
judgments, but also the organs of the Organization of American States, and even any other
person who requests them.
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