8
26.
At last, there is a fundamental aspect which cannot pass unnoticed. The
subject of the rights enshrined in the Convention is the alleged victim, the
complainant party. According to the present Regulations of the Inter-American Court,
in case of violation of the rights protected by the Convention, at the stage of
reparations the representatives of the victims or of their relatives may in fact appear
before the Court, and "independently submit their own arguments and evidence"
(Article 23), as a true party, and with the guarantee of full participation. Thus,
whenever the Court establishes the violation of one or more provisions of the
Convention, there arises the obligation of the respondent State to comply with the
judgment of the Court, to what corresponds the right of the individual complainant to
require that the judgment be complied with.
27.
To every duty corresponds a right, and vice versa. The victim has, in my
view, full legitimatio ad causam to act accordingly, including by means of an appeal
of revision of a judgment, as in the present case. The victim is entitled to do so, with
all the more reason, in case of a continuing situation of violation of the rights
enshrined in the Convention. Such continuing situation may arise, for instance, from
the persistence, either of national laws incompatible with the Convention, or of a
jurisprudence constante of national tribunals clearly adverse to the victim.
28.
It is precisely in order to redress such situations that the mechanisms of
international protection of human rights were conceived and are made to
operate; if this were not possible, all our labour would ineluctably be
deprived of all meaning. The thesis which I sustain appears to me to be the one
which most faithfully conforms to the letter and the spirit of the American
Convention. It represents the understanding which should, in my view, have guided
the Inter-American Court in the present Resolution. The outcome would have been
the revision, by the Court, of the criteria followed in its Judgment on the merits of 29
January 1997 (in respect of Articles 25, 8(1), 1(1) and 2 of the American Convention
taken jointly) in the present Genie Lacayo case.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura Robles
Secretary