which I have always defended within this Tribunal, - of the holding of public hearings
before the Court. These are essential for the better investigation of the proceedings;
in the exercise of the judicial function, the search for truth and the realization of
justice should, in my opinion, always prevail over the current eagerness for
“productivity” of the majority of the Court.
28.
Therefore, I reiterate my firm disagreement with regard to the criterion of the
majority of the Court (para. 10 of the present Judgment), for not having considered it
necessary to hold a public hearing to issue the present Judgment of Interpretation,
due to lack of, in their opinion, “juridical doubt” to be resolved. What currently seems
to motivate the majority of the Court is “productivity”, a bad habit inherited from
domestic courts, who, at the end of each judicial year, proudly present productivity
graphs showing growing numbers of cases “solved” by them (or better said, simply
"dealt with").
29.
In my understanding, public hearings are held not only to solve “juridical
doubts”, a flagrantly utilitarianistic point of view of the judicial function. Public
hearings are held to give the parties the opportunity to reveal to the Court their points
of view, their version, or perception of the facts, their arguments with regard to the
law (even when there are no “juridical doubts” in the mind of the judges). Within this
Court, in certain cases I have given the greatest importance (even with some
resistance from the majority) to the psychological, anthropological, and sociological
expert assessments, which have contributed to enrich so many Judgments of this
Court in cases of specific complexity, of a dense cultural content (such as the cases of
Bámaca Velásquez versus Guatemala (2000-2002), of the Moiwana Community
versus Suriname (2002), among so many others). It is for me incomprehensible that
this Court, deciding against the clock, did not consider indispensable the holding of at
least one public hearing in a case of such historical importance as was that of Goiburú
et al. versus Paraguay (regarding the sinister “Condor Operation), which could have
enriched its Judgment in many aspects.
30.
An international tribunal such as the Inter-American Court of Human Rights not
only “solves” doubts and cases, but also states which is the Law, it makes Justice, and
restores the dignity of victims. In order to state which is the Law, we must benefit
from other branches of human knowledge, since, to the contrary of what was
arrogantly thought by the positivists, Law is not self-sufficient and lawyers have a lot
to learn from other areas of human knowledge. In order to make Justice, the parties
must be given a chance to present all their arguments. And to restore the dignity of
the victims, we must let them express themselves freely, we must hear them
attentively, even as a form of reparation.
31.
The victims of bad treatments and torture (v.g., cases of Loayza Tamayo
versus Peru, 1997-1998; Suárez Rosero versus Ecuador, 1997-1999; Cantoral
Benavides versus Peru, 2000-2001; Tibi versus Ecuador, 2004; among others), who
have been strongly humiliated, for the first time feel legally equal to the respondent
States, upon personally presenting their case before the Court and personally
vindicating before it the reparation. The victims act as real subject of law and not as
mere objects of protection. This also contributes to avoiding the repetition of the
violations. The jurisprudence itself must reflect the interdisciplinary nature (Law,
psychology, anthropology, sociology) in attention to and in the reparations ordered in
favor of victims.
32.
During the years of my Presidency of the Inter-American Court, I invariably
made emphasis in receiving, in public hearings, not only witnesses, but also experts
from different areas of human knowledge. I have always given said public hearings a
greater relevance, based on a series of reasons: a) they contribute to the
materialization of the equality of arms (égalité des armes), so the parties have equal