provisions of the Convention issued in any proceeding is binding for all domestic
governmental institutions, including, of course, this Court . 337
230.
This Court has also established:
the direct link between the Inter-American Court of Human Rights and this
Constitutional Court, a link that has two facets: on the one hand, a restorative facet,
given that once the violated fundamental right has been interpreted in light of the
Court’s decisions, it is possible to provide adequate and effective protection; and, on the
other hand, a preventive facet, given that, through its observance, it is possible to avoid
the harmful institutional consequences stemming from the condemnatory judgments of
the Inter-American Court of Human Rights for the legal certainty of the Peruvian
State. 338
231. The Supreme Court of Justice of Argentina has acknowledged that the
decisions of the Inter-American Court “are binding for the Argentine State (Art.
68(1), American Convention);” therefore, it has established that “in principle, the
content of its decisions must be subordinated to the decisions of the international
Court.” 339 The Supreme Court has also stated that its “interpretation of the
American Convention on Human Rights must be guided by the case law of the
Inter-American Court of Human Rights" given that it constitutes “an ineludible
guide for interpretation by the Argentine constitutional branches of government
within their sphere of competence and, therefore, also for the Supreme Court of
Justice, in order to safeguard the obligations assumed by the Argentine State in the
Inter-American system of Protection of Human Rights.” 340
232. For its part, the Constitutional Court of Colombia has indicated that, since
the Colombian Constitution stipulates that constitutional rights and duties are to be
interpreted “according to international human rights treaties ratified by Colombia,”
it is understood that “the case law of the international bodies responsible for
interpreting those treaties, provides a relevant interpretative criterion for defining
the meaning of the constitutional rules on fundamental rights.” 341
233. Therefore, as was established in the cases of Radilla Pacheco, Fernández
Ortega and Rosendo Cantú, it is necessary that the constitutional and legislative
interpretations concerning the criteria for the material and personal jurisdiction of
the military courts in Mexico be adapted to the principles established in the case
law of this Court, which have been reiterated in the present case 342 and apply to all
human rights violations allegedly committed by members of the armed forces. This
means that, regardless of any legislative reforms that the State should adopt (infra
para. 234) in this case, based on the conventionality control, the judicial authorities
337
Judgment issued on July 21, 2006 by the Constitutional Tribunal of Peru (case file N° 27302006-PA/TC), Ground 12.
338
Judgment 00007-2007-PI/TC issued on June 19, 2007 by the Full Constitutional Tribunal of
Peru (Colegio de Abogados del Callao v. Congreso de la República), clause 26.
339
Judgment issued on December 23, 2004 by the Surpeme Court of Justice of the Republic of
Argentina (Case file 224.XXXIX), “Esposito, Miguel Angel s/ motion of statute of limitation of the
criminal proceeding brought by his defense,” Considering para. 6.
340
Judgment of the Supreme Court of Justice of Argentina, Mazzeo, Julio Lilo et al., Appeal for
annulment and constitutional motion. M. 2333. XLII et al. of July 13, 2007, para. 20
341
Judgment C-010/00 of January 19, 2000 of the Constitutional Court of Colombia, para. 6.
342
Cf. Case of Radilla Pacheco v. Mexico, supra note 302, para. 340; Case of Fernández Ortega et
al. v. Mexico, supra note 39, para. 237; and Case of Rosendo Cantú et al. v. Mexico, supra note 30,
para. 220.
85
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