14
refuge from the injustice and the insults of this world. But the evil committed does not
disappear by the granting of reparations, and keeps on affecting the close relatives of
the tortured and murdered person in their relations among them, and with other
persons, and with the outside world42. The direct victims have suffered an irreparable
harm, in having being deprived of their lives arbitrarily (in the terms of Article 4(1) of
the American Convention on Human Rights).
40.
But also the indirect victims (parents, sons, husband and wife, and, in certain
circumstances, brothers) have suffered an irreparable loss, as their lives will never
more be the same. The loss, at a given moment of their lives, of the beloved one, has
thrown them into a "selva oscura", wherefrom they will have to endeavour to get out,
through suffering (and only suffering), in order not only to honour the memory of their
dead, but also to transcend the darkness of human existence, and to attempt to get
closer to the light and to know the true reality, during the time which is left to them of
the brief journey of each one in this world (the very brief cammin di nostra vita, which
does not allow us to know all that we need). The realization of justice contributes at
least to structure their psychic life, to reawake their faith and hope, and to set in order
their human relations with their fellowmen. Every true jurist has, thus, the ineluctable
duty to give his contribution to the realization of justice, from the perspective of the
integrality of the personality of the victims.
41.
My conclusion is in the sense that, in circumstances such as those of the present
case of the Street Children, there is stricto sensu no true or full reparation possible, in
the literal sense of the term (from the Latin reparatio, derived from reparare, "to
prepare or dispose again"), what reveals the limits of Law (like the limits of other
branches of human knowledge). As we are, in a way, prisioners of our own language,
we thus have to attempt to be always aware of the proper meaning of the terms we
utilize, so as to avoid that their evocation, without much thinking, renders them devoid
of meaning43. The words bear the accumulation of human experience, and thus their
use should be conscious and careful44.
42.
The impossibility of a full reparation - the restitutio in integrum - takes place, in
my understanding, not only as to the direct victims and the fundamental right to life, as
commonly assumed, but also as to the indirect (surviving) victims and other rights
(such as that of not being subjected to torture, nor to cruel, inhuman or degrading
treatment45). Juridically, above all in circumstances such as those of the present case of
42
.
J. Herman, Trauma and Recovery - The Aftermath of Violence, from Domestic Abuse to Political
Terror, N.Y., Basic Books, 1992 [reprint 1997], pp. 188 and 190, and cf. pp. 210-211 and 242-243.
43
.
And lead to dismay and skepticism, as in the example of the legendary prince of Denmark:
- "(...) What do you read, my lord?
- Words, words, words".
W. Shakespeare, Hamlet, Prince of Denmark, 1600, act II, scene 2.
44
.
As well pointed out, "our words make our worlds"; Ph. Allott, Eunomia - New Order for a New World,
Oxford, University Press, 1990, p. 6, and cf. pp. 14-15.
45
.
On the recent jurisprudential development of this latter, cf.: European Court of Human Rights, case
Selmouni versus France, Judgment (on the merits) of 28.07.1999, pars. 95 and 101; Inter-American Court of
Human Rights, case Cantoral Benavides versus Peru, Judgment (on the merits) of 18.08.2000, pars. 99-100
(on the torture perpetrated by acts producing in the victim "an acute physical, psychic or moral suffering").
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