CONCURRING OPINION
JUDGE L. PATRICIO PAZMIÑO FREIRE
INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF THE JULIEN GRISONAS FAMILY V. ARGENTINA
JUDGMENT OF SEPTEMBER 23, 2021
(Preliminary Objections, Merits, Reparations and Costs)
Within the framework of the debate over the case of the Julien
Grisonas Family v. Argentina, I take this opportunity and use this
platform to contribute to the discussion on the following aspects:
First, the right to the truth, its autonomous content in relation to
the right to information, and its relevance in the post-truth era;
and, secondly, I review the importance of the collective guarantee
and the possibility of using existing procedural tools to exercise the
inter-state right to information.
Both issues, which fall within the dogmatics of international human
rights law, are especially relevant if we recognize and agree
regarding the currently convulsive, enigmatic, and confusing
context in which our daily lives unfold in the Americas and the
world in general.
We live overwhelmed by multiple and
conglomerate systemic crises, and although they pre-date the
coronavirus pandemic, today sees them emerging and exposed
crudely and violently, in ways that are impossible to rationalize
using formal or complex logic, or what is worse still, from the old
and almost always forgotten tools provided by simple and plain
common sense. We live in the era of post-truth (sic), systematic
deception, shamelessness, anti-politics, denial of the obvious,
casual and systematic deception, repeated and amplified by social
networks and hegemonic information and communication media
that exhaustingly convince us of the transmutation of what is
logical, true, and verifiable by the culture expressed in the famous
tango Cambalache by Enrique Santos Discépolo.