Separate Opinion of Judge Sergio García Ramírez
With regard to the
Order of The Inter-American Court of Human Rights
of February 8, 2008
Regarding the Matter of Rodeo I and Rodeo II Capital Judicial Confinement
Center
1.
I concur with the adoption of provisional measures regarding the inmates of the
judicial confinement centers of Rodeo I and Rodeo II, by means of Order of February
8, 2008, to which I add this Opinion. The Court analyzed, in the considering clauses of
such Order, several issues concerning the provisional measures that the Court orders
according to its conventional authority. The points of view that I now present include
opinions that I have expressed, repeatedly, on numerous occasions.
2.
The characteristics of the case (or matter) regarding these measures contribute
to the analysis made by the Court and the exposition of criteria to which later on I
shall refer. Thus,
a)
It is about a group of inmates living at confinement centers, not isolated
persons whose rights are at risk;
b)
The Commission, party who requested these measures, has taken into
account frequent violent acts committed against inmates of the Rodeo Prison
concerning essential rights of the human being, such as the right to life and
integrity, that must be protected by means of specific and direct measures.
c)
The existence of acts of this nature and the adoption of measures
intended to protect the corresponding rights do not exclude the possible
commission of other type of violations (to a greater or lesser extent related to
such) that needs to take care of by means of several public measures; and
d)
The matter has still not been brought to, by means of the application (or
presentation of the case), the (adversarial) attention of the Court.
3.
The Order to which I add this Opinion recognizes that the Inter-American Court
may adopt specific binding judicial decisions with regard to problems that are not
adversarial (according to the general characterization adopted in that sense) and let
alone, that constitute requests (consultation) for opinion.
4.
The Court exercises, then, several judicial authorities other than the commonly
called consultative and contentious authority. In the exercise of such authority, the
Court delivers its opinion regarding issues that are still not following the formal road of
the Inter-American judicial process (preventive authority) or orders certain acts
regarding the compliance with the final decisions so ordered as completion of such
procedure (executive or compliance authority) (cf. my assessment of these authorities
in García Ramírez, Sergio, The Inter-American Jurisdiction of Human Rights Studies,
Human Rights Commission of the Federal District, Mexico, 2006, sp. Pag. 87 and s.,
136-137 and 246- 247).
5.
If there is the need, noticed by the Inter-American Commission, of protecting
the rights at risk, but the issue has still not been brought to the Court's attention,
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