12 law of treaties, in the framework of Public International Law, and those of the International Law of Human Rights. 35. A pertinent illustration, in the contentious proceedings of the present Blake case, is found in the difficulties experienced both by the Inter-American Commission of Human Rights and by the representative of the relatives of the disappeared person (Ms. Joanne Hoeper), as well as by the respondent State, in presenting, in the public hearing before the Court of 10.06.1998, distinct arguments as to the claims for reparations and indemnities, and costs, in relation to the violations of Articles 5 and 8(1), in combination with Article 1(1), of the American Convention, established by the Court in the Judgment on the merits of 24.01.1998, in a form "separated" from the detention, disappearance and death of Mr. Nicholas Chapman Blake. 36. I do not see how to "separate" the intense suffering of the relatives of the disappeared person (Article 5), also victims in the present case (cf. infra), and the lack of the due process of law and of the investigation of the facts (Article 8(1)), in combination with the general duty to respect the protected rights and to secure their free and full exercise (Article 1(1)), from the context of the forced disappearance of Mr. Nicholas Chapman Blake. The debates of the public hearing before the Court of 10.06.1998, in which all those who intervened - the Inter-American Commission on Human Rights, the representative of the relatives of the victim, and the respondent State, - submitted as it was possible to them their points of view in conformity with their criteria and the premises from which they started32, disclose, nevertheless, the artificiality of the fragmentation or decomposition of the crime of forced disappearance of person. 37. This artificiality has marked the consideration of the present case in all its phases, - preliminary objections, merits and reparations. The inescapable truth is that the violations of Articles 5 and 8(1), in combination with Article 1(1), of the American Convention, were established as such by reason of the continuing and complex crime of the disappearance of Mr. Nicholas Chapman Blake, with implications for the determination of the reparations. The artificiality referred to, resulting from the application of a classic postulate of the law of treaties, has conditioned the very decisions of the Court in all the phases of the case, preliminary objections, merits, and, now, reparations. It has, furthermore, generated a gap between the responsibility of the State Party to the American Convention of Human Rights for violations of the protected rights and the jurisdiction - limited ratione temporis - of the judicial organ of protection, what, in its turn, brings about the undesirable situation of the lack of a jurisdictional basis for the determination of the engagement of the responsibility of the State for the totality of the acts that took place, and for the establishment of their juridical consequences. 38. It does not seem to me at all reasonable that, in the context of a concrete case such as Blake versus Guatemala, a whole significant doctrinal evolution of struggle against grave violations of human rights is simply vanished by the imposition of a temporal limitation, in conformity with a classic postulate of the law of treaties but to the detriment of the development of the International Law of Human Rights. This paradox is even more worrisome in the face of the violation of fundamental non-derogable rights (starting with the right to life), protected by the 32. Cf. the oral arguments reproduced in: Inter-American Court of Human Rights, Transcripción de la Audiencia Pública Celebrada en la Sede de la Corte el 10 de Junio de 1998 sobre las Reparaciones en el Caso Blake, pp. 3-4, 6, 11-17, 19-20 and 22-24 (mimeographed, internal circulation).

Seleccionar párrafo de destino3