CONCURRING OPINION OF JUDGE A.A. CANÇADO TRINDADE
1.
I have concurred with my opinion in the adoption of the present Judgment of
Interpretation adopted by the Inter-American Court of Human Rights in the case of the
Castro Castro Prison versus Peru, in which it declares admissible the requests for
interpretation presented to its consideration both by the appellant State as well as by the
legal representatives (different to the common intervener) of a group of victims, and in
which it seeks to clarify the matters presented in said requests. However, I consider the
reasoning of the Court insufficient and unsatisfactory in relation to some of the aspects
covered by it, thus I am in the obligation to go on the record, in the present Concurring
Opinion, with regard to my own reasoning, as grounds for my position on the matters
dealt with. Before going on to the substantive matters in question, I allow myself to
outline some prior considerations, starting with the content itself, specifically, of the
State’s request for Interpretation of the Judgment submitted to the Court’s consideration.
I.
The Content of the Central Matter Object of the Judgment of
Interpretation of the Court.
1.
The State’s Request for Interpretation.
2.
In its request for Interpretation of the Judgment, of March 15, 2007, in the
present case of the Castro Castro Prison, the Peruvian State refers to different aspects of
the Judgment on merits and reparations in the cas d'espèce of this Court (of
11.25.2006), summarized in the present Judgment of Interpretation adopted by the
Court (paras. 2, 6, 12, and 28-32). The concern that can be concluded from said request
for interpretation, of 33 pages, is, however, to obtain from the Court clarification, in the
form of obiter dicta, regarding the entire set of thousands of victims in the internal
Peruvian armed conflict, that is, the victims of the terrorist acts of both Sendero
Luminoso and State agents. In its request, the State argues that it is aware of the
protection due to the totality of these victims, “without asymmetries that have the risk of
being perceived as injustices by the concerned reaction." (para. 6(20))
3.
The Court must, naturally, subject itself to the facts established in the initial
application that led to the Judgment on merits and reparations. The appellant State itself
says, at the beginning of its request for interpretation, that it is not seeking in any way a
revision of the previous Judgment of the Court, or a re-discussion of matters of fact or
law already determined by the Court (para. 3(4)). It also states that "honoring the
principle pacta sunt servanda", it respects and will obey the orders emanated from the
Court’s Judgment (para. 3(2)). What the appellant State is looking for is basically
clarifications on the matters presented in its request for Interpretation of the Judgment,
including doctrinal progress on “the responsibility of non-state groups for violations of
human rights and crimes against humanity." (para. 6(2))
2.
Briefs Submitted to the Court regarding the State’s Request
for Interpretation.