2
5.
It is not by mere chance that, in cases of violations of human rights marked by
extreme violence, the Inter-American Court has seen it fit to receive in public hearings
the declarations of psychologists (as to reparations, as in the cases of the "Street
Children", and of Paniagua Morales and Others), and of forensic doctors (as in the
Gangaram Panday case, merits, 1994). Likewise, in other cases, with distinct
characteristics (e.g., with a high density of the cultural element), the Court has deemed
it appropriate to listen in pubic hearings to the declarations of anthropologists or social
scientists (as in, e.g., the cases of Aloeboetoe and Others, reparations, 1993, and the
Community Mayagna Awas Tingni, merits, 2001). Definitively, contrary to what in the
past positivists assumed with unjustified self-sufficiency, Law has, in my view, much to
learn from other branches of human knowledge, and viceversa.
6.
In one of the declarations in the public hearing before the Court, of 11 August
2000, in the case of Paniagua Morales and Others, it was stressed that the torture
inflicted upon, and the violent death of, a beloved one, can affect, in a disrupting way,
his family circle as a whole; hence the importance of knowing the truth of the facts and
of imparting justice, so as also to structure the psychic life of the indirect victims (the
close relatives). The realization of justice contributes to set in order human relations,
having a structuring function of the human psychism itself: the threats, the fear and
the impunity, do affect the psychic life of human beings, aggravating the situation of
pain, whilst the truth and justice help at least to heal, with the passing of time, the
deep wounds caused by the violent death of a dear relative1.
7.
In fact, the violent death of a beloved one throws ineluctably the surviving
relatives into the dense shadows of human existence:
- "Nel mezzo del cammin di nostra vita, mi ritrovai per una selva
oscura, chè la diritta via era smarrita"2.
In the brutalized world in which we live, any person can find himself in a "selva oscura",
at any moment of his life, - in the middle of it, at the very beginning, or at the end (as
it may be inferred from the cases of the "Street Children" and of Paniagua Morales and
Others). It is for this reason that Sophocles used to warn - with an insight which
appears perennially contemporary - that one is not to consider any person truly happy,
until he has passed the final limit of human existence - death - secure from pain3.
8.
In the present case of the "Street Children", is seems evident to me the intense
suffering of the mothers of the murdered youngsters, and the grandmother of the one
of them; in the case of Paniagua Morales and Others, in which the victims of the "White
Van" had their throats cut or were tortured, the same intense suffering is experienced
by the relatives - parents or sons - of the direct victims. The determination of the
reparations, - in their distinct forms (among which rank the satisfaction and the
rehabilitation), - due to the indirect victims, has, in my understanding, as a central
1
.
Cf. Inter-American Court of Human Rights (IACtHR), Case Paniagua Morales and Others /
Reparations - Transcripción de la Audiencia Pública Celebrada en la Sede de la Corte los Días 11 y 12 de
Agosto de 2000, pp. 144-175 (unpublished document, of internal circulation).
2
.
Dante Allighieri, La Divina Comedia - Inferno (1309), verses I, 1-3.
3
.
Sophocles, Oedipus the King (428-425 before Christ), verses 1528-1530.
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