7
americano. Abuso de los derechos procesales en América Latina”, in Barbosa Moreira,
José Carlos (coord.,), Abuso dos direitos processuais, Instituto Ibero-Americano de
Direito Processual, Instituto Iberoamericano de Derecho Procesal/Ed. Forense, Rio de
Janeiro, 2000, p. 31).
28.
The legislative body must regulate the proceeding and the judge must
conduct it in such a manner that it will serve the objective for which it was
developed. None of this involves restricting the legitimate use of the means
authorized by law for legal defense. There must be no judicial authoritarianism, and
it is not appropriate to obstruct defense of an indictee, with the aim of accelerating
the trial, if this is detrimental to the rights of those involved in it and, ultimately, to
justice itself. I believe that the statements made by the Court, and which I of course
endorse, refer to the facts of the case being examined, and do not intend to make a
general statement on all actions by defense counsel and judicial practices.
The Judgment to which this Opinion is attached addresses the issue of
extinguishment as a domestic obstacle to compliance with obligations issuing from
the international order and accepted by the States signatory to the 1969 Vienna
Convention on the Law of Treaties (Article 27) and the American Convention. I have
referred several times to these domestic obstacles, apropos of “self-amnesties” and
extinguishment.
I examine the latter hypothetical situation in my Separate
concurring opinion to the Order on compliance with judgment, issued by the InterAmerican Court on the 9th of this month, in the Benavides Cevallos Case. I therefore
refer to what I have stated in that Opinion.
Sergio García-Ramírez
Judge
Manuel E. Ventura-Robles
Secretary