6 beings by the public power is no longer alien to International Law. On the contrary, it is a part thereof, as the rights to which every human being is entitled derive directly from International Law. Individuals are, in fact, subjects of domestic as well as international law. And they have a central position in the scope of Human Rights International Law, whether or not they are victims of violations of their internationally consecrated rights."177 II. Acknowledgment of International Liability by the Respondent Government. 16. Regarding to the preliminary considerations of this Judgment in the case of Ximenes-Lopes, we must not disregard that the Inter-American Court pondered the acknowledgment of international liability by the Respondent State as a “positive contribution to the development of this process and to the enforcement of the principles that inspire the American Convention in Brazil” (para. 80), particularly regarding the acknowledgment of the violation of Articles 4 and 5 of the Convention (paragraphs 119 and 122). With that, the controversy regarding certain facts of the case was over, although the Court wouldn’t have been naturally exempted from proceeding, as it was the case, according to its own assessment of the facts. 17. Moreover, as it arises from the public hearing before this Court of November 1 and December 1, 2005, the parties involved showed a constructive spirit of procedural cooperation and common sense and professionalism when forwarding the documentation to the Court and during the presentation of their oral arguments. This allowed the Court to fulfill its duty of effective response by the judicial system within a reasonable time under the American Convention,- in contrast with the events occurred in the scope of domestic law, - which stresses the relevance of international jurisdiction. 18. Regarding the correct ruling by this Court of the preliminary objection filed by the Respondent Government, there is no need to entirely repeat my concurring opinion in the former Judgment of November 30, 2005 in this case of XimenesLopes, but only the last paragraph, where, regarding to the need of a greater degree of reflection on the improvement of the proceedings under the American Convention and a clearer explanation of the role of the Commission under the Convention, I stated: "My opinion regarding this matter is very clear, and it is recorded in the Protocol Project for the Human Rights American Convention (Projeto de Protocolo à Convenção Americana sobre Direitos Humanos) where I submitted, in the name of the InterAmerican Court, before the competent bodies of the Organization of American States (OAS) in 2001178, which sets forth the human being . A.A. Cançado Trindade, Tratado de Direito Internacional dos Direitos Humanos, vol. III, Porto Alegre, S.A. Fabris Ed., 2003, pp. 434-436, paras. 48 and 50. 177 . A.A. Cançado Trindade, Bases para un Proyecto de Protocolo a la Convención Americana sobre Derechos Humanos, para Fortalecer Su Mecanismo de Protección, vol. II, 2nd. ed., San José de Costa Rica, Inter-American Court of Human Rights, 2003, pp. 1-1015. 178

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