CONCURRING OPINION
JUDGE MANUEL E. VENTURA ROBLES
I
INTRODUCTION
1.
I have concurred with my opinion to the adoption of this judgment of
interpretation of the Judgment on merits, reparations, and costs in the case of the
Castro Castro Prison v. Peru (hereinafter “the State”), for two basic reasons: first,
because the Inter-American Court of Human Rights (hereinafter “the Court” or “the
Inter-American Court”) admitted the request for interpretation made by the State; and
second, because I considered it convenient to go into detail regarding the reasons why
I voted in favor of the judgment that Peru asked be interpreted.
2.
It is also important to mention that the request for the interpretation of the
judgment presented by the State has awaken in me a series of reflections, which
correspond both to matters of a juridical and a meta-juridical nature, which I wish to
share with the main actors of the Inter-American system that are, besides the Court
and the Inter-American Commission of Human Rights (hereinafter “the Commission” or
“the Inter-American Commission”), conventional bodies of protection, the States
Parties to the American Convention on Human Rights (hereinafter “the Convention” or
“the American Convention”), and the non-governmental organizations that litigate
before the Court, as well as the victims that access the system.
II
THE PROBLEMATIC PRESENTED BY THE STATE
3.
The State has communicated to the Court, through its request for interpretation
of the judgment, not a matter of a juridical nature but of a meta-juridical nature: the
perception among the Peruvian population, which for many years suffered from the
violence of terrorism, that the judgment of the Court favors offenders or alleged
offenders of the domestic antiterrorist legislation, who the judgment calls victims and
makes them the beneficiaries of a reparation. And this would make it morally
unacceptable for many Peruvians. Both the State, and many of its nationals, would
have wanted the Court to condemn terrorism in a much more explicit and strong
manner, and that it would have gone into greater detail of considerations regarding
this criminal, social, and political phenomenon, as well as determined other types of
reparations.
III
THE REQUEST FOR A PUBLIC HEARING TO SUPPORT THE REQUEST FOR
INTERPRETATION OF THE JUDGMENT PRESENTED BY THE STATE
4.
In its request for interpretation of the judgment, the State has requested that a
public hearing be held to orally support its main arguments. Against my criterion, the
majority of the Judges considered that the hearing was not necessary to respond to
the request for interpretation. In my opinion, if the State wished to make certain