itself, but also the interpretation thereof by the Inter-American Court, which is the
ultimate interpreter of the American Convention. 333
226. Thus, for example, the highest courts of the region have referred to and
applied the conventionality control taking into account the interpretations issued by
the Inter-American Court. The Constitutional Chamber of the Supreme Court of
Justice of Costa Rica has pointed out that:
it should be noted that if the Inter-American Court of Human Rights is the natural
organ to interpret the American Convention on Human Rights […], the power of its
decision when interpreting the Convention and assessing domestic laws in light of this
standard, either in a contentious case or in a simple consultation, shall have -in
principle- the same value as the interpreted rule. 334
227.
For its part, the Constitutional Court of Bolivia has stated that:
In fact, the Pact of San Jose, Costa Rica, as a component of the collection of
constitutional standards, is comprised of three essential parts, closely related to each
other: the first is the preamble; the second is termed the dogmatic section and the third
is the organic section. Precisely, Chapter VIII of this treaty regulates the Inter-American
Court of Human Rights; consequently, following a “systemic” criterion of constitutional
interpretation, it should be established that this body and, therefore, its decisions, also
form part of this collection of constitutional standards.
This is so for two specific legal reasons, namely: 1) The object of the jurisdiction of the
Inter-American Court of Human Rights and, 2) the application of the “effet utile”
doctrine to judgments concerning Human Rights. 335
228. Similarly, the Supreme Court of Justice of the Dominican Republic has
established that:
consequently, the Dominican State and, therefore, Judiciary, are bound not only by the
rules of the American Convention on Human Rights but also by interpretations thereof
made by the competent organs, created as means of protection, according to Article 33,
which confers competence with respect to matters relating to the fulfillment of the
commitments made by the States Parties. 336
229.
Furthermore, the Constitutional Court of Peru has sustained that:
The binding nature of the judgments of the [Inter-American Court] does not end with
the operative paragraphs (which, certainly, applies only to the State party to the
proceeding), but it also extends to its grounds or ratio decidendi; moreover, in view of
the [Fourth Final and Transitory Disposition (CDFT)] of the Constitution and Article V of
the Preliminary Chapter of the [Constitutional Procedural Code], the judgment is binding
upon all national government institutions, including in those cases in which the Peruvian
State is not a state party to the proceeding. In fact, the Inter-American Court’s powers
to interpret and apply the Convention, enshrined in Article 62(3) of said treaty, together
with the mandate of the CDFT of the Constitution, means that an interpretation of the
333
Cf. Case of Almonacid Arellano et al. v. Chile, supra note 332, para. 124; Case of Rosendo
Cantú et al. v. Mexico, supra note 30, para. 219; Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia,
supra note 30, para. 202.
334
Cf. Judgment of May 9, 1995 issued by the Constitutional Chamber of the Supreme Court of
Justice of Costa Rica. Constitutional Motion. Opinion 2313-95 (Case File 0421-S-90), Considering clause
VII.
335
Judgment issued on May 10, 2010 by the Constitutional Court of Bolivia (Case file N° 200613381-27-RAC), chapter III.3 on “The Inter-American System of Human Rights. Grounds and effects of
the Judgments issued by the Inter-American Court of Human Rights.”
336
Resolution N° 1920-2003 issued on November 13, 2003 by the Supreme Court of Justice of the
Dominican Republic.
84
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