Article 27 of the Vienna Convention on the Law of Treaties, 1969.
14.
The above precedent was reiterated, with some variations, two months later
in the Case of the Dismissed Congressional Employees (Aguado - Alfaro et al.) v.
Peru. 15 In this ruling, the criterion applied in the Case of Almonacid Arellano
regarding “conventionality control” is invoked and is “specified” in two ways: (i) it
should be applied “ex officio,” without the parties requesting it; and (ii) judges
should exercise it in the context of their respective spheres of competence and the
corresponding procedural regulations, considering other formal and material
assumptions on admissibility and appropriateness.
15.
Since then, the essence of this doctrine has been gradually consolidated, in
its application to the following contentious cases: La Cantuta v. Peru (2006); 16
Boyce et al. v. Barbados (2007); 17 Heliodoro Portugal v. Panama (2008); 18
Rosendo Radilla Pacheco v. the United Mexican States (2009); 19 Manuel Cepeda
Vargas v. Colombia (2010); 20 The Xákmok Kásek Indigenous Community v.
Paraguay (2010); 21 Fernández Ortega et al. v. Mexico (2010); 22 Rosendo Cantú et
al. v. Mexico (2010); 23 Ibsen Cárdenas and Ibsen Peña v. Bolivia (2010); 24 Vélez
15
Case of Dismissed Congressional Employees (Aguado Alfaro et al.) v. Peru. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 24, 2006. Series C No. 158, para.
128: When a State has ratified an international treaty such as the American Convention, the judges are
also subject to it; this requires them to ensure that the effet util of the Convention is not reduced or
annulled by the application of laws contrary to its provisions, object and purpose. In other words, the
Judicial bodies should exercise not only constitutionality control, but also “conventionality control”15 ex
officio between domestic norms and the American Convention; obviously within the framework of their
respective competences and the corresponding procedural rules. This function should not be limited
exclusively to the statements or actions of the plaintiffs in each specific case, nor should it imply that
this control must always be exercised, without considering other procedural and substantive criteria
regarding the admissibility and legitimacy of such actions. (underlining added).
16
Case of La Cantúta v. Peru. Merits, Reparations and Costs. Judgment of November 29, 2006.
Series C No. 162, para. 173.
17
Case of Boyce et al. v. Barbados. Preliminary Objection, Merits, Reparations and Costs.
Judgment of November 20, 2007. Series C No. 169, para. 79.
18
Case of Heliodoro Portugal v. Panama. Preliminary Objections, Merits, Reparations and Costs.
Judgment of August 12, 2008. Series C No. 186, para. 180.
19
Case of Rosendo Radilla Pacheco v. United Mexican States. Preliminary Objections, Merits,
Reparations and Costs. Judgment of November 23, 2009. Series C No. 209, para. 339.
20
Case of Manuel Cepeda Vargas v. Colombia. Preliminary Objections, Merits and Reparations.
Judgment of May 26, 2010. Series C No. 213, para. 208, note 307.
21
Xákmok Kásek Indigenous Community v. Paraguay. Merits, Reparations and Costs. Judgment of
August 24, 2010. Series C No. 214, para. 311.
22
Case of Fernández Ortega et al. v. Mexico. Preliminary Objection, Merits, Reparations and
Costs. Judgment of August 30, 2010. Series C No. 215, para. 234.
23
Case of Rosendo Cantú et al. v. Mexico. Preliminary Objection, Merits, Reparations and Costs.
Judgment of August 31, 2010. Series C No. 216, para. 219.
24
Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia. Merits, Reparations and Costs. Judgment of
September 1, 2010. Series C No. 217, para. 202.
6
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