INDIVIDUAL CONCURRING OPINION
OF JUDGE ALFONSO NOVALES-AGUIRRE
I have concurred in the Judgment in which the Inter-American Court of Human Rights only
partially accepted the objection of incompetence ratione temporis interposed by the
Government of the Republic of Guatemala, considering as I do that no other decision would
have been appropriate in strict compliance with the law. Nonetheless, since the Court has
partially accepted the objections, it will not now, in its judgment on the merits, be able to
pronounce on Mr. Nicholas Chapman Blake's arrest and murder, since these occurred prior
to Guatemala's acceptance of the jurisdiction of the Court.
The unlawful death of any person is intolerable and for that reason alone should not go
unpunished. Through this concurring opinion I utter a battle cry against impunity in
connection with those events on which the Court has declared itself incompetent, and urge
the Government of the Republic of Guatemala to pursue the exhaustive investigations
warranted by this case and, consequently, to capture, try and sentence the intellectual or
material authors of the crimes committed.
Alfonso Novales-Aguirre
Judge ad hoc
Manuel E. Ventura-Robles
Secretary