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8. The members of the Inter-American Court who participated in the delivery of the
first judgments in adjudicatory cases - a generation of judges who deserve the
greatest appreciation; I have always expressed this and I now repeat it- played an
important role in the judicial oversight of human rights when they analyzed, without
any conventions on this matter, the characteristics of forced disappearance. This is
what happened in the case of Velásquez Rodríguez who is still taken into account by
those who study and apply the International Law on Human Rights. It was then- and it
still is, due to its remarkable importance and the great reception it had in
jurisprudence and doctrine- a unique ruling that honor those who sign it and rests on
the foundation of outstanding case-law developed by the Inter-American Court.
9. In that early judgment, the Court asserted, among other concepts, two main
elements of the forced disappearance, namely: its continuous or permanent character
(in the way of similar crimes, examined under the Peruvian theory and legislation) and
its multiple-offensive nature: violation of several human rights, This perception of the
Tribunal coincides, certainly, with the descriptions contained in the treaties to which I
previously referred. It is around such perception that the subsequent case-law of the
Inter-American Court – with interested expressions- has been developed, which
derives, so far, in the judgment in Anzualdo Castro.
10. When agreeing with my colleagues in the delivery of the judgment in the case of
Anzualdo Castro, I had to reflect on certain aspects of the complex precept of forced
disappearance and make myself some questions, to which I answered, to myself, in
the same way the judgment did. However, the path has been difficult. Some of the
questions still exist. I would like to present them again, as I did in the past, without
setting aside, for that reason, the provisional answers – or final perhaps, for the Court
and for me, who also sign the judgment- that exist in the foundation and development
of this important judicial decision. Maybe, I have to envy- it is just an expression, of
course- those who never doubt and are able to present their ideas as from absolute
certainties. I doubt. The doubt is usually resolved with a reference that tips the scale:
pro persona, in the double sense of the benefit of a victim of a specific violation and
the development of the general protection of human beings. Pro persona, of course,
with a reasonable basis. Otherwise, there would be mere impulse, subjectivity, and
perhaps arbitrariness.
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