17
cannot rush perfection. Moreover, until the beginning of 2004, the Inter-American
Court was one of the contemporary international Courts which mostly contributed to
the evolution of the material content of the jus cogens, followed by the Criminal
International Court ad hoc for former Yugoslavia. For any reason which escapes my
understanding, lately it seems to have refrained its doctrinal and jurisprudential
construction on the matter.
47.
To my belief, in this Judgment in the case of Ximenes-Lopes, when
determining the violations not only of Articles 4 and 5 of the Convention
(acknowledged by the State itself), but also of Articles 8(1) and 25 of the
Convention, it should have gone beyond regarding the latter, broadening the jus
cogens scope also to the right of access to justice lato sensu, including the
guarantees of due legal process therein. In that sense, I have ruled within this Court
in the two last years, for example, inter alia, in the arguments of my Separate
Opinions in the cases of López Álvarez v. Honduras (Judgment of February 01, 2006,
paras. 53-55 of the Opinion), Massacre de Pueblo Bello v. Colômbia (Judgment of
January 31, 2006, paras. 63-65 of the Opinion), Baldeón García v. Perú (Judgment of
April 6, 2006, para. 10 of the Opinion), and Comunidade Indígena Sawhoyamaxa v.
Paraguai (Judgment of March 29, 2006, para. 36 of the Opinion). I hope this Court
soon has the courage to take this new qualitative step in its jurisprudential
construction, since it did not take it in this Judgment of this case of Ximenes-Lopes.
From the very day on which it takes it - I hope very soon - it shall be contributing to
make it more difficult to repeat stories like Electra’s and Irene’s without punishment.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents