7
concrete cases. (...) The right of individual petition shelters, in fact, the last hope of
those who did not find justice at national level. I would not refrain myself nor hesitate to
add, - allowing myself the metaphor, - that the right of individual petition is undoubtedly
the most luminous star in the universe of human rights.” (para. 35)
The next step that needs to be taken, in the framework of the inter-American system
for the protection of human rights, is –as I have argued for several years- to ensure
evolution from locus standi in judicio to jus standi of the individuals before the InterAmerican Court itself, thus enhancing their full international juridical capacity.19
IV.
The Reaction of
Prohibition of Torture)
Ratione
Materiae
Law
(Absolute
21.
The practice of torture, in all its perversion, is not limited to the physical
injuries inflicted on the victim; it seeks to annihilate the victim’s identity and
integrity. It causes chronic psychological disturbances that continue indefinitely,
making the victim unable to continue living normally as before. It worsens the
victim’s vulnerability, causes nightmares, generates a loss of trust in others,
hypertension, and depression. Several expert opinions rendered before this Court in
various cases in recent years have asserted this unanimously. A person tortured in
prison loses the spatial dimension and even that of time itself.
22.
Furthermore, the practice of torture (whether to obtain a confession or
information or to cause social fear) generates a disintegrating emotional burden that
is transmitted to the next of kin of the victim, who in turn project it toward the
persons they live with. The widespread practice of torture, even though it takes
place within jails, ultimately contaminates all the social fabric. The practice of
torture has sequels not only for its victims, but also for broad sectors of the social
milieu affected by it. Torture generates psychosocial damage and, under certain
circumstances, it can lead to actual social breakdown.
23.
Thus, I find contemporary attempts by those who exercise power and their
co-opted subservients to play down the prohibition of torture under certain
circumstances, such as combating drug trafficking and the so-called “war on
terrorism”20 truly dreadful. At the appropriate time, in the recent Judgment in the
case of the Gómez Paquiyauri brothers versus Peru (of 08.07.2004, paras. 111-112),
19
.
On this point, see A.A. Cançado Trindade, El Acceso Directo del Individuo a los Tribunales
Internacionales de Derechos Humanos, Bilbao/Spain, Universidad de Deusto, 2001, pp. 9-104; A.A.
Cançado Trindade, Bases para un Proyecto de Protocolo a la Convención Americana sobre Derechos
Humanos, para Fortalecer Su Mecanismo de Protección, vol. II, 2d. ed., San Jose, Costa Rica, InterAmerican Court of Human Rights, 2003, pp. 1-64.
20
.
For this, there are international conventions that must be applied to combat those wrongs under
the Law. Said attempts (of the self-proclaimed “realists”) set aside more than a century of progress of the
Law, and they show the way back to savagery. As Jean Pictet pointed out quite appropriately in 1966, in a
visionary –if not prophetic- manner, “it would be a disastrously regressive step for humanity to attempt to
struggle against terrorism with its very weapons.” J. Pictet, The Principles of International Humanitarian
Law, Geneva, ICRC, 1966, p. 36. – For a recent example of the current and alarming deconstruction of the
Law (even in the field of habeas corpus, the due process of law and the presumption of innocence), in the
midst of the apparent indifference or unawareness of the juridical circles in so many countries, see:
"Antiterrorisme: une cour de Londres légitime des `preuves' obtenues sous la torture", in Le Monde, Paris,
14.08.2004 (in connection with the “evidence” obtained in the interrogations of ten foreign detainees at
the United States base in Guantánamo, and derogation by the United Kingdom of Article 5 of the European
Convention on Human Rights).
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