5
facts to the application, motu proprio, and deliver a judgment that considers more
than the facts submitted to it – which include the corresponding identification of the
victims. After all, the Court is not the “owner” of the proceedings and cannot become
a party, as well as the judge.
19.
In the context of this reflection on the legal framework within which the Court
acts, which establishes its powers and limits (a control characteristic of the rule of
law to eliminate the possibility of arbitrariness with all its dangers), I wish to
recognize the excellent work of synthesis carried out by the Commission when
preparing the application. In many cases, particularly those that include abundant,
complex facts and numerous participants (either as victims or perpetrators), this
synthesis is not a simple task.
20.
In the instant case, the Court deployed all possible efforts, without
undermining the nature of its functions, to identify the victims and, thus, provide the
most extensive satisfaction for the violations committed, taking into account the
information obtained from a very thorough examination of the application and the
probative elements in the case file.
21.
It should be emphasized that, when establishing specific benefits for the
victims of violations, the Court expressly protected the rights that, under domestic
law and before the national authorities, could correspond to other persons affected
by these violations. They have their own recourses and should abide by the terms of
these, without expecting the judgment of the international organ to play a role in the
corresponding satisfaction.
22.
Furthermore, if, according to national law, certain victims identified in this
judgment can obtain greater benefits than those established in the international
ruling, I consider that they should be able to file a claim, as allowed by domestic law,
for any complementary compensation or satisfaction to which they are legitimately
entitled. Otherwise, the international legal action would eliminate an individual’s
rights or reduce their scope, and this would be totally inconsistent with the
preservation of the maximum rights of the individual based on different norms, not
only on the American Convention.
3.
REASONABLE TIME
23.
The matters examined in the Ituango Massacres case include one of the
issues that is submitted most frequently to human rights jurisdictions: the
reasonable time for implementing certain actions, the duration of a situation (for
example, pre-trial detention), or the satisfaction of a right (such as the right to
receive justice, and not only to request and await justice), in keeping with due
process of law: in other words, to be heard within a reasonable time in order to
obtain a decision on responsibilities, rights or situations that concern the rights and
obligations of the individual. Justice would remain adrift, pending, unattained or
illusory, if the decisions by which it is achieved were not produced promptly.
24.
Promptness in processing the matters subject to jurisdictional consideration
constitutes a central factor of justice. Evidently, promptness does not mean
neglecting the rights and guarantees inherent in the process, oversights in the
assessment of the facts and the law, or inconsistency in judicial decisions. But delay
in delivering the latter, while those involved in the case wait, losing time and hope,
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