14
46.
The Universitas is inviolable. The forces of repression, not satisfied with victimizing
thinking human beings, along many years also eliminated the most faithful partners of the
latter: the books. They destroyed or burnt entire libraries27, but they could not prevent the
raising of emancipating human ideals. Along the centuries, the oppressors killed thinking
human beings, they burnt their remains (as in this case of La Cantuta); burnt the faithful
partners of those who thought -the books-, but they could not extirpate the free thinking,
the ideals of young people, the right to dissent, the freedom of spirit.
47.
As after the shadows the light gradually appears, the chiaroscuro of the life of the
individuals and the people, of human existence, we must not disregard that, in this
Judgment, the Inter-American Court has set forth “that in June of this year the President of
the Republic has apologized to the authorities of the University of La Cantuta" (para. 233).
Also, the Court has taken the provisions necessary so that the suffering of the Professor and
the nine students killed or disappeared remains not only in the memory of their next of kin
and beloved human beings but also in the collective memory, as a way to honor the victims
and resist the erosion of time.
48.
As it did in its recent Judgment in the case of La Prisión de Castro Castro, also in this
Judgment of the case La Cantuta, the Court has equally valued the existence of the
monument and public site called "El Ojo que Llora" (the Crying Eye),
"created at the request of civil society and with the cooperation of the State authorities,
which constitutes an important public recognition to the victims of violence in Peru. However, the
Court considers that the State must guarantee that, in the term of a year, the 10 people declared
as executed victims or victims of forced disappearance in this Judgment are represented in the
said monument, in case they are not already represented, and if their next of kin wish so. (...)"
(para. 236).
IV.
The Inadmissibility of Violations against Jus Cogens.
49.
As a conclusion of this Separate Opinion, my last Opinion as Incumbent Judge of this
Court, I allow myself to return to the starting point. State crimes entail serious legal
consequences. At the time I finish writing this Separate Opinion, there are twelve requests
of extradition of former President A. Fujimori submitted by Peru to Chile28, among which,
the one corresponding to the liability for the events in this case of La Cantuta is included.
Recently, in another case decided by this Court, that of Goiburú et al. vs. Paraguay
(Judgment of September 22, 2006), the horrors of the so called "Operación Condor" were
revealed, in the context of which State crimes were committed in a beyond-the-border or
interstate level.29 At present, the reaction of legal conscience is shown in the recognition
that the general duty of investigation, to guarantee the respect for the human rights
consecrated in the American Convention (Article 1(1)), also applies in an interstate level, in
the exercise of the collective guarantee by the States Parties in the American Convention
(as it is the case of Chile and Peru).
50.
In my Separate Opinion in the recent case of the Pueblo Bello Massacre (Judgment of
January 31, 2006) I developed (as in several of my former Opinions) my arguments
27
Cf., regarding that matter, v.g., F. Báez, História Universal da Destruição dos Livros, Rio de Janeiro,
Ediouro, 2006, pp. 17-376.
28
As remembered by this Court’s Judgment, para. 80(91).
29
A matter that is analyzed in my Separate Opinion (paras. 1-68) in that case.
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