6
to the one that arises with regard to the effectiveness of a judgment declaring the
violation of rights, in itself, to repair the wrong perpetrated, as regards the moral
satisfaction of the victim; an issue that has been dealt with by international
jurisprudence and several of the Court's decisions. The Court has reiterated in its
jurisprudence that, with regard to the request that the State should make a public
apology as reparation of the violations committed, “the judgment on merits in the
[…] case constitutes, in itself, a significant and important form of reparation and
moral satisfaction for [the victim] and his relatives. 5”
22.
This is the first time that the Court has explicitly referred to the right to the
truth, cited in the Commission's application. The innovation that the judgment
contributes on this point could lead to further examination in the future, which would
help to strengthen the role of inter-American human rights jurisprudence as a factor
in the fight against impunity. Society's demand for knowledge of the facts that
violate human rights and the individual right to know the truth are clearly addressed
at banishing impunity, which encourages human rights violations.
IV.
APPLICATION OF THE GENEVA CONVENTIONS
23.
The Court's decision also makes some observations about the applicability to
this case of Article 3, common to the Geneva Conventions. In this respect, it is clear
that the competence of the Inter-American Court to decide litigations, ratione
materiae, is circumscribed to violations of the American Convention on Human
Rights, since it is expressly invested with contentious jurisdiction to hear cases
relating to “the interpretation or application” of this Convention (Article 62(1) and
3); to this could be added those expressly assigned to the Court by other treaties or
conventions in force in America, such as the Inter-American Convention to Prevent
and Punish Torture, a hypothesis that is also examined in this judgment. Thus, the
Court cannot directly apply the rules of international humanitarian law embodied in
the 1949 Geneva Conventions and, pursuant to them, decide a dispute, determining
that there has been a violation of the provisions of those conventional instruments.
24.
As the Court itself has indicated6, the foregoing does not preclude taking into
consideration these provisions of international humanitarian law - another
perspective of the international system - in order to interpret the American
Convention. It is not an issue of directly applying Article 3 common to the Geneva
Conventions in the case, but of admitting the facts provided by the whole system of
laws - to which this principle belongs - in order to interpret the meaning of a norm
that the Court must apply directly.
25.
The Court can go further in its appreciation of this matter, even when it is not
strictly required to under the terms of the application, and observe the presence of
norms of jus cogens resulting from the evident correlation - which shows an
international consensus - between the provisions of the American Convention, the
5
Thus, in the Suárez Rosero case. Reparations (Article 63.1 American Convention on Human
Rights). Judgment of January 20, 1999. Series C No. 44, para. 72; Loayza Tamayo case. Reparations
(Article 63.1 American Convention on Human Rights). Judgment of November 27, 1998. Series C No. 42,
para. 158; and Caballero Delgado and Santana case. Reparations (Article 63.1 American Convention on
Human Rights). Judgment of January 29, 1997. Series C No. 31, para. 58.
6
cf. Las Palmeras case, Preliminary objections. Judgment of February 4, 2000, paras. 32-34; here,
it is noted that the American Convention “has only attributed the Court with competence to determine
whether the acts or the laws of the States are compatible with the Convention itself, and not with the
1949 Geneva Conventions.”