Compliance With Judgments and Decisions - The Experience of the Inter-American Court of Human Rights: A Reassessment
| Autor | Antônio Augusto Cançado Trindade |
| Ocupação do Autor | Juiz da Corte Internacional de Justiça (Haia) |
| Páginas | 511-521 |
XXIII
Execution of Judgments: A Reassessment of the Experience
of the Inter-American Court of Human Rights1
Summary:1I. Preliminary Obser vations. II. Referral of Non-Compliance to the
Main Organs of the OAS. III. Super vision of Compliance with IACtHR Judgments
and Decisions. IV. Supervision Motu Propio by the IACtHR Itself: the Leading Case
of Baena Ricardo and Others (270 Workers versus Panama, 2003). V. A Setback in
the Practice of the IACtHR: “Partial Compliances”. VI. Final Observations.
I. Preliminary Observations
It is a source of great satisfaction to me to participate in this Seminar of the
European Court of Human Rights (ECtHR): it affords me the occasion to renew the
expression of my links of affection with the Tribunal, which go back to the early
seventies. I keep a live and good memory of the two previous occasions I took the
floor herein, namely, in the ceremony of the opening of the Judicial Year of 2004,
under the Presidency of Judge Luzius Wildhaber, and then in the first joint meeting
of the three international human rights tribunals (the ECtHR, the Inter-American
Court of Human Rights [IACtHR], and the African Court of Human and Peoples´
Rights) in 2008, under the Presidency of Judge Jean-Paul Costa. It is a great pleasure
to me to come back to the siège of the ECtHR, now under the Presidency of Judge
Dean Spielmann, to participate in the present Seminar on a subject of great rele-
vance and topicality, – the Implementation of Judgments of the European Court of Human
Rights, and to share thi s panel with Judge Linos-Alexandre Sicilianos.
May I start with a note of gratitude to the organizers of this Sem inar. When I
was approached by them and suggested, as the topic of my contribution, the experi-
ence on the matter of the sister institution, the IACtHR, so that lessons could per-
haps be extracted therefrom by my colleagues of the ECtHR in order to tackle the
dilemmas they face today, I was touched by their receptiveness. Being engaged in
1 Address delivered by the Author in the Semin ar of the opening of the Judicial Year of 2014
of the European Court of Human R ights, held at the Palais des Droits de l´Homme, in Strasbourg,
on 31.01.2014. Originally published in: Implementation of the Judgments of the European Court o f
Human Rights: A Shared Judicial Responsibility? – Dialogue betwe en Judges 2014/La mise en oeuvre
des arrêts de la Cour européenne des droits de l´ homme: Une responsabilité judiciaire partagée? –
Dialogue entre juges 2014, Strasbourg, European Court of Human Rights/Cour europén ne des
droits de l´homme, 2014, pp. 10-17.
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