2
this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
2.
The States Parties undertake:
a)
to ensure that any person claiming such remedy shall have his rights
determined by the competent authority provided for by the legal system of the state;
b)
to develop the possibilities of judicial remedy; and
c)
to ensure that the competent authorities shall enforce such remedies when
granted.
The Court, besides, has declared the violation of Article 1(1) of the
Convention, regardless of other violations of other articles. 2 Furthermore, it has been
considered and declared the violation of Articles 8(1) y 25 in an autonomous
manner, without taking into account Article 1(1) of the Convention. 3 Furthermore,
the Court has applied Articles 8(1) and 25 in conjunction with other Articles of the
Convention other than Article 1(1). 4
As a consequence, to pretend that the Court consider that Articles 8(1) and
25 cannot be declared as violated by the Tribunal, independently, as an autonomous
violation, but only in conjunction with other substantive right that may not be Article
1(1), is to affirm that the American Convention does not protect the right to Justice
and it would mean giving Articles 8(1) and 25 the character of general provisions
that, as Article 1(1) does, would cover all the Convention, which would result in the
denaturalization of the content of Articles 8(1) and 25.
To modify the Court’s jurisprudence regarding his issue, after more than 20
years of exercising its judicial functions is, apart from inappropriate and
unnecessary, confusing.
This is to introduce an element of distortion in the
deliberation of future cases.
Manuel E. Ventura Robles
Judge
Pablo Saavedra Alessandri
Secretary
2
Cf. IACHR, Case of “Street Children” (Villagrán-Morales et al.) v. Guatemala; Judgment of November 19,
1999. Series C No. 63.
3
Cf. IACHR, Case of Baena-Ricardo et al. v. Panama. Judgment of February 2, 2001. Series C No. 72;
IACHR; and Case of Las Palmeras v. Colombia. Judgment of November 6, 2001. Series C No. 90.
4
Cf. IACHR, Case of Servellón-García et al. v. Honduras. Judgment of January 21, 2006. Series C No.
152; IACHR, Case of Vargas-Areco v. Paraguay. Judgment of September 26, 2006. Series C No. 155.