Court states in its judgment of interpretation that “the suffering caused to Peruvian
society is widely and publicly known.” Now, this natural receipt of the data that informs
of or surrounds the judicial cases could not modify the court’s jurisdiction, take away
or add powers that have not been expressly granted, or alter the course of its
institutional duty. If it did, it would compromise its independence, impartiality, and
jurisdiction. In synthesis, it would fail to comply with its obligation.
6.
I am aware of the matters present in the origin of the facts analyzed in the
judgment on merits, as well as those that arise from the interpretation. These are
grave problems that have touched the society. Regarding the same there are different
and even opposed opinions. They deserve a deep consideration and specific decision,
which must be adopted within the channels of the powers and responsibilities of the
instances called upon to resolve them. The international human rights jurisdiction
intervenes precisely in the terms of its powers and responsibilities, as well as the
domestic one within the realm of its own jurisdiction. None of them could act
differently.
7.
The Court’s attention has been brought to the circumstances that prevailed
when the facts subject to trial in the international instance occurred. The
corresponding arguments point out the characteristics of the behavior assumed by
people that would later appear as victims in the international trial, and they put
emphasis on the suffering of many citizens that faced the grave consequences of the
violence. They request for the latter the treatment of victims, especially when dealing
with innocent people that suffered the effects of the conflict and who deserve both
solidarity and esteem.
8.
Whoever suffers the effects of an unfair behavior, whichever its origin, is a
victim of an abuse that must be punished. There are legal proceedings for this, both in
the national and international scene, through processes followed according to the
corresponding regulations. As much can be said about the employment of adequate
measures to face threats or acts of violence, with legal instruments and proceedings
and within the juridical system characteristic of a democratic society.
9.
On several opportunities, the Inter-American Court of Human Rights has issued
rulings regarding the State’s obligation to protect the society from crime. The
precedents in advisory opinions and judgments in cases are many. It is obvious that
the State must provide that protection and for this it must have ideal police and
criminal justice resources. Providing security to people is a “foundational reason” of the
State. It comes to explain and justify the creation itself of a political society.
10.
The Inter-American Court is not unaware of this obligation of the public power
nor has it doubted the appropriateness –even more so: the absolute need—that it
effectively and energetically assume it, pursuant to the regulations and procedures
characteristic of the rule of law. The same determination is on the record in the InterAmerican corpus juris. Proof of this can be found, for example, in the Inter-American
Convention Against Terrorism.
11.
Having established the aforementioned, which constitutes a premise for the
examination and understanding of the rulings of the Court, we must remember the
scope of the rights included in the American Convention on Human Rights, as well as
the specific jurisdiction the States have granted this tribunal, with the exclusion of any
other; a jurisdiction that binds the actions and decisions of the Court and its members.
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