4
son (...) is still in my heart. To me my son (...) is not dead, (...) he is alive, alive. I say
that wherever I go is my son. (...) Still until now, he is alive. (...) I feel my son, in each
of his birthdays, in October"6. In the case of Paniagua Morales and Others, the
adolescent Manuel Alberto González Chinchilla declared, likewise, that, since the
murder of this father, when he played football with his colleagues, he felt as if it were
his father who was playing with him, he felt as if he were his own father7. I saw it fit to
ask him (already anticipating his answer), in the public hearing before the Court on 12
March 2001, if "[he] felt the presence of [his] father within [him]self"8. His answer,
which was not surprising to me, was an emphatic "Yes!"9. What I could not anticipate
was the manner in which he said it, promptly and with all firmness and conviction.
11.
The arguments submitted in the public hearings before this Court, on 12 March
2001, in the case of the "Street Children", and on 11-12 August 2000, in the case of
Paniagua Morales and Others, appear to me clearly to disclose the communion (term
derived from the Latin, communicare) between the beloved ones who died and those
who survive them. But there is a tendency, among specialists of other areas of human
knowledge, to consider attitudes such as the ones described in the preceding paragraph
of this Separate Opinion, as "fantasy", - as mentioned effectively by an expert at a
given moment of the public hearing referred to, of 12 March 2001 in the present case
of the "Street Children"10.
12.
I would not characterize this way, and with so much self-assurance, attitudes
like the ones previously described11; ultimately, the so-called "objective reality" has
also had its critics12... To me, it is not at all "fantasy", but on the contrary: it is a clear
manifestation of what appears to me as the communion between the dead and the
alive, - as I infer from the expressions, e.g., of the adolescent Manuel Alberto González
Chinchilla, orphan of his father, and of Mrs. Marta Isabel Túnchez Palencia, orphan of
6
.
Cf. IACtHR, Transcripción de la Audiencia Pública de 12 de Marzo de 2001 sobre Reparaciones en el
Caso Villagrán Morales y Otros, p. 60, and cf. p. 79 (unpublished document).
7
.
Cf. IACtHR, Case Paniagua Morales and Others / Reparations - Transcripción de la Audiencia
Pública..., cit. supra n. (1), p. 130 (unpublished document, of internal circulation). - Five months after his
declaration made before the Tribunal, the adolescent referred to began to be protected by Provisional
Measures ordered by the Inter-American Court, in its Resolution of 29 January 2001.
8
.
Ibid., p. 139.
9
.
Ibid., p. 139.
10
.
Cf. IACtHR, Transcripción de la Audiencia Pública de 12 de Marzo de 2001 sobre Reparaciones en el
Caso Villagrán Morales y Otros, pp. 79 y 84-86 (unpublished document).
11
.
As already warned four centuries ago, there surely must be more things in heaven and earth than we
dream of in our philosophy; W. Shakespeare, Hamlet, Prince of Denmark, 1600, act I, scene V.
12
.
In his essay The Doors of Perception (1954), for example, Aldous Huxley rebelled against the socalled "objective reality", which has never been able to render human beings capable of prescinding from
symbols and language itself; cf. A. Huxley, The Doors of Perception, and Heaven and Hell, London/N.Y.,
Harper & Row, 1990 (reprint), pp. 23, 47, 58 and 74.
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