13
principles of International Law, or, in the field of the International Law of Human Rights, by the
international supervision bodies created by virtue of human rights protection treaties.
45.
Performance of a conventionality control (cf. supra) for a human rights treaty such as
the American Convention can contribute much to ensuring that said Convention will produce its
own effects (effet utile) in the domestic law of the State Parties. This is a point that cannot go
unnoticed by the Inter-American Court, and one that is a part of the clarification that the Court
should have provided on paragraph 7(a) of petitioners’ request for Interpretation of Judgment
in this case of the Dismissed Congressional Employees. In my letter of June 13, 2007 to the
Secretariat of the Court (in reply to a communication from the latter),42 I already indicated
that, in my opinion, paragraph 7(a) of said request for Interpretation, “regarding access to
justice" under the circumstances of the cas d'espèce warranted "the Court’s attention."
46.
Over a decade ago, in my Dissenting Opinion in the Case of Genie-Lacayo v. Nicaragua
(Order of Sep. 13, 1997), among other things I used the old English adage that "Justice must
not only be done: it must also be seen to be done" (para. 25). I am again relying on that
adage in the instant case. The parties are persons (individuals or legal entities) appearing
before a tribunal and, just as they have rights and obligations before that tribunal, they are
also entitled to have their case heard with due attention. In a study published almost half a
century ago, Piero Calamandrei recalled that every Judgment "must be reasoned", in the face
of what he characterized as a “crisis of well-founded reasoning." To him, reasoning is "the
‘rationalization’ of the sense of justice,"43 and a person who is subject to the jurisdiction of a
State (for instance, a worker) “is not a subditus left to the mercy of a legibus solutus prince,
but an autonomous subject of rights and obligations."44 In our time, that person also has the
(additional) protection of the corpus juris of the International Law of Human Rights.
47.
In its substantial Judgment on Interpretation of Nov. 26, 2003 regarding the first
Judgment rendered by the Court at a session away from its headquarters (held in Santiago de
Chile in 2003), in the Case of Juan Humberto Sánchez v. Honduras (Judgment on preliminary
objections, merits and reparations of Jun. 7, 2003), the Inter-American Court recalled the case
law of present-day international tribunals on this subject and, much to the point, it stated that
"the task of interpretation that corresponds to an international court entails the
clarification of a text, not only as regards the decisions in the operative paragraphs, but
also as regards determining the scope, meaning and purpose of its considerations" (para.
14).
48.
This being so, the Court could perfectly well and should have provided a satisfactory
clarifying response to the key paragraph 7(a) of petitioners’ request for interpretation in the
instant case, which, in addition to not being challenged in the brief (of Jul. 31, 2007) submitted
by the respondent State, does not in the least, in my opinion, constitute a means of
challenging the Judgment on the merits and reparations (of Nov. 24, 2006) in the instant Case
of the Dismissed Congressional Employees v. Peru. It is both odd and sad to see that, in this
proceeding, it was precisely the two bodies entrusted with supervising the American
392, 397 and 399-402.
42
.
IACHR, doc. CDH-S/1067, of Jun. 13, 2007.
43
.
P. Calamandrei, Proceso y Democracia, Buenos Aires, EJEA, 1960, pp. 149, 115 and 125.
44
.
Ibid., pp. 149-150.