26
91.
Furthermore, in its Judgment of 08.07.2004 in the Gómez Paquiyauri versus
Peru case, the Inter-American Court expressly admitted that, in our days, an
international juridical regime has been formed of absolute prohibition of all forms of
torture and of extrajudicial executions, and that such prohibition belongs today to the
domain of international jus cogens (pars. 115-116 and 131) 99. In my Separate
Opinion in that case I pondered that such acknowledgement of jus cogens, in constant
expansion, in turn, "reveals precisely the reassuring opening of contemporary
international law to superior and fundamental values", pointing towards the
emergence of a truly universal international law (par. 44). I reaffirmed this
understanding, of an absolute prohibition, of jus cogens, of torture, in any
circumstance, in my Separate Opinion (par. 26) in the Tibi versus Ecuador case
(Judgment of 07.09.2004).
92.
The Judgment this Court has just adopted in the present Caesar versus
Trinidad and Tobago fits squarely into its jurisprudence constante on the evolutive
interpretation of jus cogens itself. The Court, here, quite rightly takes a step forward,
in upholding the absolute prohibition, proper to the domain of jus cogens, of torture
as well as any other cruel, inhuman and degrading treatment. It is relevant to keep on
identifying the expanding material content and scope of jus cogens, as the InterAmerican Court has been doing in the last years. The Inter-American Court has
probably done for such identification of the expansion of jus cogens more than any
other contemporary international tribunal. It is important that it continues doing so, in
the gradual construction, at this beginning of the XXIst. century, of a new jus
gentium, the international law for humankind.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
99
. Likewise, the Ad Hoc International Criminal Tribunal for the Former Yugoslavia, on its turn, held, in the A.
Furundzija case (Judgment of 10.12.1998), that the absolute prohibition of torture has the character of a
norm of jus cogens (pars. 137-139, 144 and 160).
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