Sendero Luminoso (Shining Path) in his capacity as a doctor, which, according to the Court,
“is not only an essentially legitimate service, but also one that a doctor is obliged to
provide.” 119
123. The foregoing is supplemented by the considerations of the Court when issuing
Advisory Opinion OC-5/85 on Compulsory Membership in an Association Prescribed by Law
for the Practice of Journalism. 120 In this opinion, the Inter-American Court stated that a
journalist who was not a member of a journalists’ association could not be criminally
sanctioned owing to the interrelationship between the right to freedom of expression and
the exercise of journalism. In other words, the journalist who was not a member of a
journalists’ association was making legitimate use of this right; thus the Court declared that
the Costa Rican law that decreed criminal sanctions for exercising the profession of
journalism without being a member of the said association was incompatible with the
American Convention.
124. In the case of Brewer Carías v. Venezuela also, we are faced with the fact that it is
sought to criminalize an action inherent in the exercise of the legal profession, which, by its
very nature, is lawful. Even though different professions are involved, the Court’s criterion
of protecting the exercise of a profession should prevail; and, in the case of Mr. Brewer, this
means the exercise of the legal profession and defense of the rule of law. The failure to
analyze the merits of the case of the criminal prosecution of Mr. Brewer Carías restricted
what should be the main task of an international human rights court: the defense of the
human being in the face of the high-handedness of the State.
125. An international court of human rights must, above all else, defend the rule of law –
and in this specific case, also the exercise of the legal profession – which is intrinsic to a
democratic regime, the values that inspire the inter-American system as a whole and,
particularly, the principles that govern the Inter-American Democratic Charter.
Manuel E. Ventura Robles
Judge
Eduardo Ferrer Mac-Gregor Poisot
Judge
Pablo Saavedra Alessandri
Secretary
Series C No. 115.
119
Case of De la Cruz Flores v. Peru. Merits, reparations and costs. Judgment of November 18, 2004. Series
C No. 115, para. 102.
120
Cf. Compulsory Membership in an Association Prescribed by Law for the Practice of Journalism (Arts. 13
and 29 American Convention on Human Rights). Advisory Opinion OC-5/85 of November 13, 1985. Series A No. 5.
33
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