48.
In addressing issues of compliance with its judgments, the Court needs to take
Articles 29, 30 and 31 of the Protocol into consideration.
49.
Article 29 of the Protocol stipulates that the Executive Council shall “be notified
of the judgment and shall monitor its execution on behalf of the Assembly.”
50.
Article 30 of the Protocol provides: “[t]he States parties to the present Protocol
undertake to comply with the judgment in any case to which they are parties
within the time stipulated by the Court and to guarantee its execution.”
51.
Article 31 of the Protocol obliges the Court to “submit to each regular session of
the Assembly,
a report on its work during the previous year. The report shall
specify, in particular, the cases in which a State has not complied with the Court's
judgment.”
52.
While
the
Respondent
State disputes
execution of its judgments,
the Court's jurisdiction
to monitor the
the question that arises, is whether the Court can
successfully fulfil its obligation provided for under Article 31 of the Protocol to
report to the Assembly,
if it cannot determine the status of compliance with its
judgments before submitting the report.
53.
The Court further considers that the division of competences between itself and
Executive Council, raised by the Respondent State, can reasonably be described
in terms of complementarity. Accordingly, the mandate of the Executive Council
to monitor the execution of judgments, pursuant to Article 29 of the Protocol, does
not prevent the Court from making a determination whether a State has or has
not complied with its judgment, as provided for under Article 31 of the Protocol.
54.
While the Protocol does not prescribe how the Court should proceed to make the
determination of the degree of compliance with its judgments, the Court, like other
international
human
rights courts,
has
developed
a practice,
where
it orders
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