CONCURRING OPINION OF JUDGE HUMBERTO ANTONIO SIERRA PORTO
JUDGMENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF THE GARÍFUNA COMMUNITY OF TRIUNFO DE LA CRUZ AND ITS
MEMBERS V. HONDURAS
JUDGMENT OF OCTOBER 8, 2015
(Merits, Reparations, and Costs)
A. Introduction
1. The purpose of this concurring opinion is to point out certain aspects of the case
that, in my opinion, deserve special attention. These aspects refer to: i) the
inconsistencies in the submission of the case and the importance of the diligence
in situ; ii) the logics of the measure of collective reparation consisting in the
creation of a community development fund, and y iii) the problems of delimitation
and “remediation” of lands as an expression of a social situation.
B. The inconsistencies in the submission of the case and the importance of
the diligence in situ
2. It is important to point out an aspect of the case that refers to the entire
proceedings and the circumstances in which the Court must decide the cases
submitted to its jurisdiction. In this sense, I will go on to analyze: i) the
inconsistencies in the submission of the case, and -related to this- ii) the
importance of the diligence in situ.
(i) The inconsistencies in the submission of the case
3. The decisions of the Inter-American Court, in an ample sense, have several
purposes. Among them, we can list the following as examples: i) the declaration
and condemnation of the States for the existence of violations to the human
rights set forth in the American Convention; ii) the construction of logics for the
understanding of human rights and actions (expressed as guarantees of nonrepetition) for the Court and the States, as well as the creation and perfectioning
of the standards or case law that contribute to building the Inter-American corpus
iuris (understood as minimum or basic elements regarding the scope of the rights
included in the Convention; iii) the seeking of justice through the making of
decisions that are fair with the parties in the litigation and, indirectly, with all
other citizens, and iv) the resolution and prevention of conflicts, or at least a
contribution to this (judgments cannot perpetuate or create new social conflicts).
4. To achieve these goals, it is necessary that the Court have all the essential factual
elements to issue judgments that are fair and resolve the controversies brought
forth before it. This means that the submission of the case before the Court,