12
be circumscribed to the specific issue of the termination or the suspension of the
application of a treaty (supra), and not extending itself likewise, e.g., to the forms of
manifestation of the consent of the State (i.e., signature, approval, and ratification of
a treaty, or accession to it, and acceptance of an optional clause of recognition of the
jurisdiction of an international supervisory organ). In contracting conventional
obligations of protection, it is not reasonable, on the part of the State, to assume a
discretion so unduly broad and conditioning of the extent itself of such obligations,
which would militate against the integrity of the treaty.
33.
The principles and methods of interpretation of human rights treaties,
developed in the case-law of conventional organs of protection, can much assist and
foster this necessary evolution. Thus, in so far as human rights treaties are
concerned, one is to bear always in mind the objective character of the obligations
enshrined therein, the autonomous meaning (in relation to the domestic law of the
States) of the terms of such treaties, the collective guarantee underlying them, the
wide scope of the obligations of protection and the restrictive interpretation of
permissible restrictions. These elements converge in sustaining the integrity of
human rights treaties, in seeking the fulfillment of their object and purpose, and,
accordingly, in establishing limits to State voluntarism. From all this one can detect a
new vision of the relations between public power and the human being, which is
summed up, ultimately, in the recognition that the State exists for the human being,
and not vice-versa.
34.
The juridical concepts and categories, inasmuch as they enshrine values, are
a product of their time, and, as such, are in constant evolution. The protection of the
human being in any circumstances, against all the manifestations of arbitrary power,
corresponds to the new ethos of our times, which is to be reflected in the postulates
of Public International Law. There is - may I insist - no juridical imposibility to
reconsider such postulates in the light of the needs of protection of the human being.
Such needs ought to prevail over limitations ratione temporis, or of other kind, of the
conventional organs of protection. Otherwise, we will always be revolving in vicious
circles generated by the already mentioned tension between the postulates of the
law of treaties, in the framework of Public International Law, and those of the
International Law of Human Rights.
35.
A pertinent illustration, in the contentious proceedings of the present Blake
case, is found in the difficulties experienced both by the Inter-American Commission
of Human Rights and by the representative of the relatives of the disappeared person
(Ms. Joanne Hoeper), as well as by the respondent State, in presenting, in the public
hearing before the Court of 10.06.1998, distinct arguments as to the claims for
reparations and indemnities, and costs, in relation to the violations of Articles 5 and
8(1), in combination with Article 1(1), of the American Convention, established by
the Court in the Judgment on the merits of 24.01.1998, in a form "separated" from
the detention, disappearance and death of Mr. Nicholas Chapman Blake.
36.
I do not see how to "separate" the intense suffering of the relatives of the
disappeared person (Article 5), also victims in the present case (cf. infra), and the
lack of the due process of law and of the investigation of the facts (Article 8(1)), in
combination with the general duty to respect the protected rights and to secure their
free and full exercise (Article 1(1)), from the context of the forced disappearance of
Mr. Nicholas Chapman Blake. The debates of the public hearing before the Court of
10.06.1998, in which all those who intervened - the Inter-American Commission on
Human Rights, the representative of the relatives of the victim, and the respondent