7
admitted by the respondent State - which conform the continuing situation of the
forced disappearance of Mr. José Carlos Trujillo Oroza. That is, the Court determined
the reparations on the basis of equity, bearing in mind the permanent situation (from
the beginning until the present) of the delict of forced disappearance which lasts until
today, hence imprescriptible.
22.
In having at last achieved, in the circumstances of the cas d'espèce, to
transcend the chains of a mechanicist vision of law, the Inter-American Court, by
means of the present Judgment on reparations, has disclosed a much wider horizon for
future jurisprudential developments in the search for the entire fulfilment of the object
and purpose of the American Convention. The Court has done so on the basis of the
relevant precepts of the law of treaties, and with full support in the international caselaw and in the more lucid doctrine on the matter. From this new outlook, constructed in
the present Judgment in the Trujillo Oroza case, the Court has acted at the height of
the responsabilities of protection of the rights of the human person conferred upon it by
the American Convention on Human Rights.
Antônio Augusto Cançado Trindade
Judge
Manuel E. Ventura-Robles
Secretary