bonds and links of solidarity between the dead and the living, forming the unity of
the human kind, with the respect due to ones and the others, for which there ought
to prevail the right to truth.
40.
The widening of the notion of victim again occurs in the present case, in
relation to the close relatives of Mr. Efraín Bámaca Velásquez. The intense suffering
caused by the violent death of a beloved person is further aggravated by his forced
disappearance, and discloses one of the great truths of the human condition: that
the fate of one is ineluctably linked to the fate of the others. One cannot live in
peace in face of the disgrace of a beloved person. And peace should not be a
privilege of the dead. The forced disappearance of a person victimizes likewise his
close relatives (at times disrupting the family nucleus itself38), not only for the
intense suffering and the desperation ensuing therefrom, but also from substract all
from the protecting shield of Law. This understanding already forms today, on the
eve of the XXIst century, jurisprudence constante of the Inter-American Court of
Human Rights.
Antônio A. Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary
38
.
As clearly stated in testimonies in public hearings pertaining to various contentious cases before
the Inter-American Court in the last years.