10
meaning of the Convention."25 In the instant case, the Court has quite
correctly established a violation of Article 25 of the Convention (paragraph
251).
29.
In my judgment, due process requires recourse to a competent court or
tribunal (stricto sensu), just as the realization of justice (access to a competent court
lato sensu) requires due process. The right to avail oneself of the courts –the right of
recourse to the law- only materializes through observance of due process of law and
of the basic principles that comprise due process. It is faithful observance of these
principles that leads to the realization of justice, i.e., to everyone’s right of recourse
to the courts in its fullest sense. Hence the ineluctable and intimate interrelationship
between articles 8 and 25 of the American Convention affords the maximum
protection of the individual’s inherent human rights.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
25
For the Court’s holdings to this effect over the last four years, v.g., inter alia, Ivcher Bronstein vs.
Peru (Judgment of February 6, 2001, para. 135), Mayagna (Sumo) Awas Tingni Community vs. Nicaragua
(Judgment of August 31, 2001, para. 112), Cantos vs. Argentina (Judgment of November 28, 2002, para. 52);
Juan Humberto Sánchez vs. Honduras (Judgment of June 7, 2003, para. 121); Maritza Urrutia vs. Guatemala
(Judgment of November 27, 2003, para. 117); 19 Tradesmen vs. Colombia (Judgment of July 5, 2004, para.
193).
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