concept of victim is one of the “oldest of humanity”, actually belonging to “all
cultures”.40 Since the State gradually monopolized all forms of coercion, the role of the
victims was in some way reduced (v.g., to that of a witness) or marginalized in the
legal process with the State’s opposition to the accused (in criminal procedural law),
with the frequent non-satisfaction of the victim.41
37.
Actually, while the conceptual universe of criminology became oriented toward
the figure of the criminal, locating the victim in a position that was a little tangential
or marginal, the emerging discipline of victimology has tried to solve that inequality,
focusing its attention on the victim, on the need to rehabilitate the latter and
guarantee the correct and adequate reparations.42 It was, however, the notable
evolution of International Human Rights Law throughout the second half of the XX
century and up to the present, what allowed the fulfillment of that objective, since it
was completely and duly created in orientation toward the victims.43 The coming and
consolidation of the corpus juris of International Human Rights Law once again gave
the victims their central position within the legal body.44
38.
For many years now I have examined the conceptualization of the victim under
human rights treaties such as the American Convention, among others.45 It is not my
intention to tak up again, in the present Concurring Opinion, the exam of this specific
aspect, since it has already been the object of my extensive considerations – to which
I make reference here – in my Concurring Opinion in the case of Castillo Petruzzi et al.
v. Peru (Perliminary Objections, Judgment of 09.04.1998), as well as in my
Concurring Opinions in the case of the "Street Children " (Villagrán Morales et al. v.
Guatemala, Reparations, Judgment of 05.26.2001), and of Goiburú et al. v. Paraguay
.
A.-J. Arnaud et alii (dir.), Dictionnaire encyclopédique de théorie et de sociologie du
Droit, 2a. ed., Paris, LGDJ, 1993, page 641 (verbete de E. Viano).
40
41
.
Ibid., pages 642-643 (verbete de E.V.).
.
Cf., v.g., G. Landrove Díaz, Victimología, Valencia, Tirant Lo Blanch, 1990,p ages. 2226, 139-140, and 150; L. Rodríguez Manzanera, Victimología - Estudio de la Víctima, 8a. ed.,
México, Edit. Porrúa, 2003, pages 25 and 67.
42
.
Cf. A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, vol.
III, Porto Alegre/Brazil, S.A. Fabris Ed., 2003, pages 447-497.
43
.
Besides, the victim has regained space, more recently, also in the domain of
contemporary criminal law, - both domestic and international, - as indicated, v.g., by the
adoption of the United Nations Declaration of 1985 on the Basic Principles of Justice for Victims
of Crimes and Abuse of Power (regarding crimes within domestic legislation), and the Basic
Principles and Guidelines of the United Nations of 2006 regarding the Right to a Recourse and
Reparations for the Victims of Grave Violations to International Human Rights Law (regarding
international crimes). Cf., v.g., M.C. Bassiouni, "International Recognition of Victims' Rights", 6
Human Rights Law Review (2006) pages 221-279; and cf.: I. Melup, "The United Nations
Declaration on [Basic] Principles of Justice for Victims of Crime and Abuse of Power", in The
Universal Declaration of Human Rights: Fifty Years and Beyond (eds. Y. Danieli, E.
Stamatopoulou y C.J. Dias), N.Y., U.N./Baywood Publ. Co., 1999, pages 53-65; Th. van Boven,
"The Perspective of the Victim", in ibid., pages 13-26; B.G. Ramcharan, "A Victims' Perspective
on the International Human Rights Treaty Regime", in ibid., pages 27-35; G. Alfredsson,
"Human Rights and Victims' Rights in Europe", in ibid., 309-317.
44
.
Cf., v.g., A.A. Cançado Trindade, "Co-Existence and Co-Ordination of Mechanisms of
International Protection of Human Rights (At Global and Regional Levels)", 202 Recueil des
Cours de l'Académie de Droit International de La Haye (1987), cap. XI, 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)
pages 5-78.
45