- 20“Memory is enduring, it resists the erosion of time, it surges up from the depths and
darkness of human suffering; since the routes of the past were traced and duly trod,
they are already known, and remain unforgettable. (...)” (para. 41)
73.
Indeed, there is no oblivion there can be no oblivion. The sisters, Ernestina and
Erlinda Serrano Cruz, who have remained disappeared since June 2, 1982, are still
present in the memory of their loved ones, and their drama is now consigned to the
annals of international human rights case law. There is no oblivion. in À la recherche du
temps perdu, a classic work on the passage of time, Marcel Proust suggests, with
subtlety and sophistication, that even though memory is spontaneous, it is a protection
against the passage of time, a safeguard against oblivion and indifference; memory,
inescapable, even though involuntary, is a means of escape from the fading of events
that results from the passage of time.
74.
In the end, memory is a means of resisting the transitory nature of human
existence. States that seek to forget and impose forgetfulness of the abuses
perpetrated in the past, end up causing an added harm to their own people. States that
seek to restrict, ratione temporis and ratione materiae, the scope of the jurisdiction
(juris dictio) of an international human rights tribunal such as this Court end up by
prejudicing their own people and obstructing the progress of international law - human
rights law - with regard to jurisdiction. And the international courts that accede to the
excesses of State voluntarism end up by ceasing to exercise fully their function and
duty to protect.
75.
Nevertheless, in this case, the designation of a day dedicated to the memory of
the children who disappeared during the Salvadoran armed conflict is an example of the
reaction of the law to the effects of the passage of time, because there can be no
oblivion. The collective memory will also help to acknowledge the suffering of all the
Salvadoran people and, in particular, vindicate the children who lost their innocence
and identity prematurely (and some their very life), victims of the millenary ritual of
uncontrolled human violence, described with perennial actuality in Homer’s Iliad –
sacrificed in armed conflicts typical of the brutal and desperate race towards
nothingness of the combatants.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra Alessandri
Secretary
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