3
9.
A person who in his childhood lives, as in so many countries of Latin America,
in the humiliation of misery, without even the minimum condition of creating his
project of life, experiences a state of suffering which amounts to a spiritual death;
the physical death which follows to this latter, in such circumstances, is the
culmination of the total destruction of the human being. These offences render
victims not only those who suffered them directly, in their spirit and in their body;
they project themselves painfully into the persons dear to them, in particular into
their mothers, who usually also endure the state of abandonment. To the suffering of
the violent loss of their sons is added the indifference with which the mortal remains
of these latter are treated.
10.
In circumstances such as those of the present case, as this Court has
acknowledged (pars. 174-177), it is impossible not to include, in the enlarged notion
of victim, the mothers of the murdered children56. The outlook which we sustain
corresponds to beliefs which are deeply-rooted in the cultures of the peoples of Latin
America, in the sense that the definitive death of a human being in the spiritual
order is only consumed with the oblivion. The children murdered in a street and in a
wood (ironically the wood of San Nicolás, of so much symbolism to many children),
did not have the opportunity to reconcile themselves with the idea of their surrender
to eternity; the respect to the mortal remains of the children contributes to provide
their mothers, at least, with the opportunity to maintain alive, within themselves, the
memory of the sons prematurely disappeared.
11.
In the face of the imperative of the protection of human life, and of the
concerns and thoughts aroused by death, it is very difficult to separate dogmatically
the considerations of juridical order from those of moral order: we are before an
order of superior values, - substratum of legal norms, - which help us to seek out the
meaning of the existence and of the destiny of each human being. The International
Law of Human Rights, in its evolution, on the eve of the year 2000, definitively ought
not to remain insensible or indifferent to these questions.
Antônio Augusto Cançado Trindade
Judge
Alirio Abreu-Burelli
Judge
Manuel E. Ventura-Robles
Secretary
5.
In relation to Article 5.2 of the American Convention on Human Rights.