4
CONFLICT OF RIGHTS
14.
At some point, the Judgment rendered in the Case of La Cantuta does bring
up a potential conflict between fundamental rights that are a part of due process. I
am referring to the guarantee for a reasonable term, which does come up fairly often
in the context of the proceeding, or in broader terms –as has been argued—of the
procedure which affects the rights of private parties and must end with a judicial
ruling thereon; and the guarantee of proper defense, which is a key, basic
expression of the right of access to justice in its two-fold connotation: the formal one
(the possibility to call for a judicial ruling, to prove the facts, present arguments and
file appeals) and the material one (securing a fair judgment).
15.
A court ruling on human rights must be especially careful when solving
alleged or actual dilemmas, in order to secure, to the greatest extent possible, the
conciliation of the rights at issue, so as to guarantee the broadest protection to the
holder of such rights. However, there is no denying either that, in certain cases, it is
necessary to give priority to one of such rights in order to provide, through such
acknowledgement, more complete and satisfactory substantial protection to the
affected person. The right to a reasonable term thus gives in to the demands of
Justice.
16.
The Court has noted that an excessively long term may prove to be as
unreasonable –precisely due to its “excessive” nature— as an excessively short one –
for the exact same reason. However, it was expressed that, ultimately, guaranteeing
a fair judgment through more and better defense action is more important than
having the case heard and disposed of in a brief period of time. This prevalence of
material justice requires, however, that the term be reevaluated subject to adequate
standards of proportionality, relevance and opportunity, all in line with whatever may
be necessary to secure justice in each specific case.
THE CONTEXT OF OR CIRCUMSTANCES SURROUNDING THE VIOLATION
17.
In the Judgment rendered in the case of La Cantuta –as in the rulings handed
down in cases such as Goiburú, Almonacid, and Castro-Castro–, the Court introduced
a consideration of “context,” allowing an analysis of the facts that constitute the
violations in the specific circumstances of the case. Such circumstances bring about
the facts, their characteristics, meaning and support, and contribute to the judicial
solution, both as regards the evaluation of the facts and the reparations and
guarantees of non-repetition.
18.
An ordinary court decision might do without reflections or descriptions
regarding the circumstances in which the case arose, as extended to the parties and
the general status of society or a given social group, or a given set of relationships at
a given place and time. However, a human rights ruling aimed at shedding some
light on the violations and preventing new ones from taking place, creating the
proper conditions for the better recognition and exercise of fundamental rights,
cannot disengage itself from the context and be rendered in a “void.” This “historical”
aspect of the case and the desired “far reach” of the relevant ruling explain and
justify the “backdrop” unfolded by the Court in examining a case, as a preface to the
account of the facts and as reference for applying the law.
19.
The special characteristics of human rights justice also explain and justify a
practice followed by the Inter-American Court both in carrying out public hearings