Acuerdos de Corte Interamericana de Derechos Humanos

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INTER-AMERICAN COURT OF HUMAN RIGHTS

 

COURT AGREEMENT NO. 1/19

 

MARCH 11, 2019

 

CLARIFICATIONS IN RELATION TO THE PUBLICATION OF INFORMATION CONTAINED IN THE FILES OF CASES AT THE STAGE OF
MONITORING COMPLIANCE WITH JUDGMENT

 

 

Whereas the Inter-American Court of Human Rights (hereinafter “the Court”) is responsible for monitoring States’ compliance with its decisions1,  and has been publishing the orders it issues at the stage of monitoring compliance;


Whereas the State is obliged to comply with the Court’s judgment whatsoever the organs or institutions involved in the execution of the reparations ordered;


Taking into account that compliance with the Court’s judgments may benefit from the involvement of domestic organs, human rights bodies, and courts that, within their own spheres of competence, may require the corresponding public authorities to execute the reparations ordered in those judgments;


Whereas this involvement is particularly relevant with regard to those reparations that constitute guarantees of non-repetition, which benefit both the victims in the specific case and society as a whole;


Recognizing the interest shown by academia, non-governmental organizations, and other members of civil society in participating in the execution of the judgments in different ways, such as by submitting amicus curiae briefs, contributing to the dissemination of the Court’s case-law, and studying, commenting on, and debating essential aspects and challenges relating to both compliance with the judgments, as well as their impact.

 

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1 An authority that also results from the provisions of Articles 33, 62(1), 62(3) and 65 of the American Convention and 30 of the Court’s Statute and that is regulated in Article 69 of its Rules of Procedure.

 

 

THE COURT AGREES:

Pursuant to Articles 60 of the American Convention on Human Rights, 25(1) and 25(3) of the Statute of the Court, and 32 of its Rules of Procedure, on the following provisions with regard to the publication on its website of information contained in the files of cases at the stage of monitoring compliance with judgment:

 

1. The Court will publish the information concerning compliance with the guarantees of non-repetition that is presented at the stage of monitoring compliance with the respective judgment. In their briefs, the parties and the Commission must forward this information to the Court separately from the information concerning the other measures of reparation that may have been ordered in the respective judgment.

 

2. The information on compliance with the other measures of reparation in the files on monitoring compliance will not be published, unless the Court or its President decides to the contrary, based on a duly justified request and after hearing the opinion of the parties to the proceedings.

 

3. The Court will publish amicus curiae briefs (Article 44(4) of the Court’s Rules of Procedure) submitted during the proceeding of monitoring compliance with judgment.

 

4. The Court will publish information on the implementation of the guarantees of non-repetition received from “other sources” that are not parties to the case, and information provided by experts, by virtue of the provisions of Article 69(2) of the Court’s Rules of Procedure.

 

5. For cases currently at the stage of monitoring compliance with judgment, the abovementioned provisions will come into force following the publication of this Agreement, and will require that the reports filed by States as well as the briefs with observations submitted by the victims’ representatives and the Inter-American Commission on the guarantees of non-repetition be submitted in accordance with the format indicated in paragraph 1 of this Agreement.

 

6. Regarding the reports and briefs presented prior to the publication of this Agreement, the President may authorize their publication in keeping with the indications in paragraphs 1 to 4 of this Agreement.

 

7. The Secretariat of the Court shall communicate these provisions to all cases at the stage of monitoring compliance, as well as by social media.

 

 

 

 

Eduardo Ferrer Mac-Gregor Poisot

President

 

 

Eduardo Vio Grossi Humberto Antonio Sierra Porto
 

 

 

Elizabeth Odio Benito Eugenio Raúl Zaffaroni
 

 

 

L. Patricio Pazmiño Freire Ricardo C. Pérez Manrique

 

 

Pablo Saavedra Alessandri

Secretary

 

 

So ordered,

 

 

Eduardo Ferrer Mac-Gregor Poisot
President

Pablo Saavedra Alessandri
Secretary

 

 

 

 



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