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aforementioned wrong. The Law has been unable to do much in the present context,
but it is something, and at least it helps keep alive the hope of a minimum of human
justice. The reaction of the Law reflects acknowledgment that rehabilitation of the
victims of arbitrary detention and torture cannot be restricted merely to the
psychological resources that they may have to defend themselves from that wrong,
worsened by the indifference of the exterior world.
35.
Realization of justice, with due reparations, helps reorganize human relations
and restructure the psyche of all the victims. Realization of justice must take place
from the standpoint of the integral nature of the personality of the victims.
Reparations rather soothe the suffering of the victims when they corroborate the
realization of justice. Finally, as I pointed out in my Separate Opinion in the case of
the “Street Children” (Villagrán Morales et al. versus Guatemala, Reparations,
Judgment of 26.05.2001),
“Human suffering has a dimension which is both personal and social. Thus, the damage
caused to each human being, however humble he might be, affects the community itself
as a whole. As the present case discloses, the victims are multiplied in the persons of
the surviving close relatives, who, furthermore, are forced to live with the great pain
inflicted by the silence, the indifference and the oblivion of the others.” (para. 22).
Reparations are, therefore a dimension that is necessarily both individual and social.
36.
As the Judgment of the Inter-American Court in the instant Case of Tibi
versus Ecuador shows, the Law also protects those who are forgotten in prison, in
the house of the dead, which Dostoyevsky critically portrayed so brilliantly in the 19th
century. Said reaction of the Law, both ratione personae and ratione materiae,
indicates that the human conscience has awoken to the pressing need for and the
aim of decisively putting an end to the scourges of arbitrary detention and torture.
The general principles of the Law play a very significant role here. With this, there is
a reason to hope that the D.D. Tibis, the Joseph K.s, and the Mersaults will gradually
diminish in number, until they no longer suffer in the prisons of the “post-modern”,
insensitive, indifferent and brutalized world in which we live.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
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