17
judgment of the Court bears witness to this,
that expands the notion of victim in cases
considered that all those affected to different
victims, reflecting the differences in their
reparation. All are victims, even though the
specific circumstances of each of them.
because following the line of thinking
of massacres (paras. 92-95), it has
degrees by the Ituango massacre are
situation in the different forms of
reparations vary in keeping with the
51.
This judgment of the Court has thus, in my opinion, correctly contributed to
expanding the concept of victims of grave human rights violations: all those affected
by the massacre are victims, with juridical consequences that vary from one case to
another. Consequently, the reparations are also different; they include, for example
the guarantee of voluntary return of those forcibly displaced as a form of collective
non-pecuniary reparation (and I consider that this is extremely important in the
context of the immense human tragedy that afflicts Colombia). 68 In this way, an
effort is made to mitigate the anguish of the surviving victims (whose lives will never
be the same after the Ituango massacres), and to enhance their connection with
their dead, by honoring the memory of the latter. And, finally, an effort was also
made to reaffirm the necessary primacy of law over brute force.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
of the Complainant in the International Protection of Human Rights", pp. 243-299; A.A. Cançado Trindade,
"O Esgotamento dos Recursos Internos e a Evolução da Noção de `Vítima' no Direito Internacional", 3
Revista del Instituto Interamericano de Derechos Humanos (1986) pp. 5-78.
68
.
In this judgment, the Court observed correctly that “the situation of internal forced displacement
endured by the victims in this case cannot be separated from the other violations declared in this
judgment." (para. 234), so that it also considered as victims the 702 (seven hundred and two) persons
displaced from El Aro and La Granja (para. 238).