2
6.
Is this the plot of the recently discovered fragments of a new tragedy by
Aeschylus, Sophocles, or Euripides, added to those already constituting that legacy and
indelible repository of the teachings of the Ancient Greeks for all humanity? They might
well be, but this is instead a contemporary tragedy –that of youth Walter David Bulacio
and his family-, one of the many that occur every day in the brutalized world of our
times, branded by indiscriminate violence and perpetuated impunity.
7.
At the public hearing before the Court, the mother described their suffering as
“very tragic,”3 as a consequence of which the whole “family truly collapsed,” in face of
what happened to their beloved son (and brother).4 The circumstances of the instant
case, which reveal better than most how fragile the human condition is, pose an
inevitable and disturbing question: how can we assess the role of the Law, and of
reparations to victims, in a tragic and irreversible situation such as this one? This
question leads me to certain personal reflections, which I wish to express in this
Separate Opinion, without claiming to have found a fully satisfactory answer to it.
I.
The Fragility of the Human Condition
8.
Human suffering is perpetual, while the facts and the victims change, from one
generation to the next. So much so that in the 5th century B.C., in his Oedipus King,5
Sophocles - opposing destiny- clear-sightedly warned that one must never say that one
is happy until one has gone over the extreme limit of a life free of grief. Likewise, in his
Ajax, Sophocles once again warned that one only knows what one has seen or lived,
but no one can foresee what is yet to come nor one’s end.6 Like in the Greek tragedies
that were the expression of a given historical moment, that of 5th century Athens, the
tragedies of our times demonstrate that devastating grief, surrounded by mystery, can
invade one’s daily life at any moment. Doing so can also affect beloved ones with whom
one personally shares harmonious relations, undermining their protection in face of a
truly irreparable loss.
9.
As shown in the instant Bulacio case, premature and violent death of a beloved
one, in a family where feelings are valued, entails deep suffering shared by all. Under
these circumstances, the fact that a beloved one is no longer there is as if everything
were lacking, and it truly is; suddenly, everything is deserted.7 And it has always been
so. Tragedy has been present throughout the centuries. And why? Tragedy –this was
said many centuries ago- is an imitation of action and of life.8 Truly, for so many
human beings who have experienced utmost adversity (misfortune), life entails
3
.
IACtHR, Transcripción de la Audiencia Pública..., op. cit. supra n. (1), p. 7.
4
.
IACtHR, Transcripción de la Audiencia Pública..., op. cit. supra n. (1), p. 11.
5
.
In the penetrating initial phrase - verses 1529-1530.
6
.
Verses 1417-1420.
7
.
Ph. Ariès, Morir en Occidente - desde la Edad Media hasta Nuestros Días, Buenos Aires, A. Hidalgo
Ed., 2000, p. 77.
8
.
Aristoteles, Poetica (circa 335-322 a.C.), I-2; VI-27, 30, 32; VII-41; IX-56. The renowned Aristotelian
analysis of Greek tragedy (as an imitation of action and of life) was taken up centuries later, especially by
17th and 18th century thinkers.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents