18
International Law Academy of the Hague.56
62.
In synthesis, for me the injured party corresponds to the ample notion of victim,
according to the jurisprudential construction of the Inter-American Court, under the American
Convention. This is why I cannot accept setbacks in said jurisprudential construction, such as
that occurred in the present case of La Cantuta (cf. supra), in what refers to the determination
of the non-pecuniary damage. The centralization of the victims does not refer only to the direct
victims, but also to their next of kin as injured parties. The centralization of the victims is not
limited to the determinations of the Court with regard to the merits of the cases solved by it;
instead it refers also to the decisions with regard to the reparations.
63.
When, more than half a decade ago, I presented to the Organization of American
States (in May 2001), the document I prepared on behalf of the Inter-American Court, titled
"Foundations for a Protocol Project to the American Convention on Human Rights in order to
Strengthen its Protection Mechanism,” I invoked the expression “injured party” included in
Article 63(1) of the American Convention in order to precise the role of the “injured” –
definitely different to that of the Inter-American Commission of Human Rights – as bearer of
rights and a true petitioner before the Inter-American Court.57 Here, in the context of the
present Interpretation of Judgment in the case of La Cantuta, I once again invoke the
expression in order to offer precision to the expanded notion of victim – and even to that of
direct victim, lato sensu (cf. infra) – under the American Convention.
64.
Throughout the years of my participation as Judge of this Court, I have always
emphasized the centralization of the victims lato sensu, and the assessment of their suffering,
within the task of protecting the rights of human beings (para. 39, supra). Said centralization
is ineludible and particularly eloquent in the cases of grave violations to human rights, such as
those of the recent cases of massacres known by this Court. The centralization of the victims
lato sensu and of the assessment of their suffering by the Court has been displayed, in an
eloquent manner, in its Judgments on the massacres of Barrios Altos v. Peru (of 03.14.2001),
of Caracazo v. Venezuela (reparations of 08.29.2002)] of Plan de Sánchez v. Guatemala (of
04.29.2004), of the 19 Tradesmen v. Colombia (of 07.05.2004), of Mapiripán v. Colombia (of
09.17.2005), of the Moiwana Community v. Suriname (of 06.15.2005), of Ituango v. Colombia
(of 07.01.2006), of Montero Aranguren et al. v. Venezuela (Detention Center of Catia, of
07.05.2006),58 among others.
65.
To these we can add the recent Judgments of the Court in the massacres of the Castro
Castro Prison v. Peru (of 11.25.2006) and of La Cantuta v. Peru (of 11.29.2006), without, in
my opinion, there being any reason for the Court to adopt a more restrictive criterion with
regard to the granting of compensation for moral or non-pecuniary damage to the next of kin
of the fatal victims (cf. supra), also direct victims lato sensu. As I have previously stated, since
the cases of Blake v. Guatemala [merits and reparations, 1998 and 1999] and Bámaca
Velásquez v. Guatemala [merits and reparations, 2000-2002), followed, among others, by the
.
A.A. Cançado Trindade, "Co-Existence and Co-Ordination of Mechanisms of International
Protection of Human Rights (At Global and Regional Levels)", 202 Recueil des Cours de l'Académie de
Droit International de La Haye (1987), cap. XI, pp. 243-299.
56
.
A.A. Cançado Trindade, Bases para un Proyecto de Protocolo a la Convención Americana sobre
Derechos Humanos, para Fortalecer Su Mecanismo de Protección, 2a. ed., tomo II, San José de Costa
Rica, Corte Interamericana de Derechos Humanos, 2003, pages 42 y 51.
57
.
Or even in a case of a planned murder in the highest level of State power, and executed by order
of the latter, as in the case of Myrna Mack Chang v. Guatemala (Judgment of 11.25.2003).
58
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