- 13Serrano Cruz, because it has not determined the whereabouts of the two sisters, who
are still disappeared, re-establishing their names and family ties.
42.
Also, I do not see how the Court could fail to conclude that the respondent State
has violated the rights of the child (Article 19 of the Convention), in relation to Article
1(1), to the detriment of Erlinda Serrano Cruz, who was under 18 years old when El
Salvador accepted the Court’s contentious jurisdiction. And, I do not see how the Court
could fail to reaffirm the right to life in its most ample dimension, meaning a decent life,
which was not respected by the respondent State to the detriment of the sisters,
Ernestina and Erlinda Serrano Cruz, who are still disappeared. I can only hope that this
judgment on merits and reparations, and the previous judgment on preliminary
objections in the instant case are only a momentary setback and very soon the InterAmerican Court will return to its line of evolutionary interpretation and its case law of
the past five years, which emancipates the individual and has placed the Court in the
vanguard of the international protection of human rights.
III.
Subsistence of State responsibility even though the Court
limited its own jurisdiction
43.
There is a final very important matter to examine in this dissenting opinion.
Even though the Inter-American Court, in a decision which I believe to be incorrect, has
limited its own jurisdiction, to the point of depriving itself of any consideration of the
forced disappearance of the sisters, Ernestina and Erlinda Serrano Cruz, which still
persists, the responsibility of the respondent State still subsists for the facts that have
been proved in this case. Since the views expressed in my previous opinions for this
Court appear to have evaporated with the winds of time, as if I was just talking to
myself, I will rescue my reflections of almost a decade ago from apparent oblivion.
44.
I do so, knowing that it is possible that no one will take them into account, in a
post-modern world that cultivates “virtual reality”; in which, people increasingly have
many opinions but read very little, talk a great deal but think very little. I do so, even if
it is just for myself, because, like Ionesco’s rhinoceros, je ne capitule pas – even in a
world in which the energies of those who practice the law of post-modernity seem to be
almost entirely occupied by interminable39 meetings and seminars and by rushed and
frenetic computer screens, and not by the silent, tranquil, supportive and instructive
company of books that invite reflection. In brief, I do it moved by a sentiment of duty
as a judge of this Court.
45.
As I stated in my dissenting opinion (paragraph 24(19)) in Genie Lacayo v.
Nicaragua (order of the Court on the request for review of judgment of September 13,
1997), and in my separate opinion (paras. 32-36) in Blake v. Guatemala (judgment on
merits of January 24, 1998), I understand that it is as of the accession to or ratification
of the American Convention on Human Rights that a new State Party undertakes to
respect all the rights protected by the American Convention and to ensure their free
and full exercise (starting with the fundamental right to life). The acceptance by a State
of the compulsory jurisdiction of the Court refers only to the legal proceedings before
the Court in a specific human rights case.
46.
Even though, the Court can only rule on a case after this acceptance of its
jurisdiction by the State, in accordance with Article 62 of the Convention, this does not
39
Not to mention insupportable.
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