4 be molested or convicted for having nursed the wounded or sick.” Article 16 of Protocol 1 and Article 10 of Protocol II, both to the 1949 Geneva Conventions, state that “Under no circumstances shall any person be punished for carrying out medical activities compatible with medical ethics, regardless of the person benefiting therefrom.” 12. The Declaration of Geneva of the World Medical Association (WMA), 19481968-1983, proclaimed the physician’s promise that “The health of my patient will be my first consideration”; “I will respect the secrets which are confided in me” and “I will not permit considerations of religion, nationality, race, party politics or social standing to intervene between my duty and my patient.” The WMA International Code of Medical Ethics repeats that: “A physician shall preserve absolute confidentiality [...] about his patient even after the patient has died”; “A physician shall act only in the patient's interest when providing medical care which might have the effect of weakening the physical and mental condition of the patient.”; “A physician shall owe his patients complete loyalty and all the resources of his science.” The WMA Declaration of Lisbon on the rights of the patient of 1981-1995, states that: “All identifiable information about a patient's health status, medical condition, diagnosis, prognosis and treatment and all other information of a personal kind, must be kept confidential, even after death.” The WMA Declaration of Helsinki, 1964-1975-1983-1989-1996-2000-2002, states that: “It is the duty of the physician to promote and safeguard the health of the people. The physician's knowledge and conscience are dedicated to the fulfillment of this duty.” 13. In brief, I consider that it is inadmissible – a consideration that coincides with the opinion of the Inter-American Court, as stated in the judgment in this case – to criminally penalize the conduct of a doctor who provides care designed to protect the health and life of other individuals, notwithstanding their characteristics, activities and beliefs, and the origin of their injuries or illnesses. I also consider it necessary to prohibit incriminating the conduct of a doctor who abstains from providing information to the authorities about his patient’s punishable conduct, which he is aware of through information provided to him by the patient in connection with the medical procedure. In that case, there could be an absolutory excuse similar to that which protects the next of kin of the defendant in cases of concealment owing to kinship. 14. Once again, it should be emphasized that the considerations and decisions of the inter-American jurisdiction in the cases it has heard have never justified, in any case and for any reason, the committing of crimes established in legislation enacted in accordance with the principles and postulates of a democratic society. It is clear that the State must protect individuals and society from attacks on their juridical rights, and also safeguard democratic institutions. It is also evident, from the perspective of human rights, that this protection must be exercised observing the conditions that characterize the rule of law. Pablo Saavedra-Alessandri Secretary Sergio García-Ramírez Judge