my opinion, be easily conceived in this sense, akin to “obligations to do” that are both
compensatory and punitive.5
14.
“Punitive damages," thus characterized (beyond the merely pecuniary meaning
inadequately given to them) can be an appropriate response or reaction of the legal
order against particularly serious human rights violations. Thus understood, "punitive
damages" ─as I observed in my Separate Opinion on the Case of Myrna Mack-Chang
(para. 52) have already been actually applied, for a long time, in the domain of
international human rights protection ─which makes us recall the phrase uttered by
Molière’s famous character, Monsieur Jourdain, qui parlait la prose sans le savoir...6
15.
Similarly, as I explained in my Separate Opinion on the Case of the Plan de
Sánchez Massacre (Reparations, 2004):
“Whether the reparations ordered in the instant Judgment of the
Court are called punitive damages (…) or “exemplary reparations,” or
any other expression of this type, their basic purpose remains the
same: they recognize the extreme gravity of the facts, punish the State
responsible for the grave violations committed, acknowledge the
extreme sacrifice of the victims who died and alleviate the sacrifice of
the surviving victims, and establish a guarantee of non-recurrence of
the harmful acts. Whatever they are called, their basic purpose is
always the same, they are for the benefit of the victims (direct and
indirect) and the population of the defendant State as a whole, because
their purpose is to rebuild the damaged social fabric.” (para 25)
16.
In its instant Judgment on the Case of Blanco Romero et al., the Inter-American
Court has ordered, as one of the reparation measures, as a form of satisfaction and as a
guarantee of non-recurrence of the harmful events, that the State implement a human
rights education and training programme for the security forces. In the words of the
Court,
"(...) Taking into consideration the circumstances of the instant
case, the Tribunal deems fit to reaffirm what it pointed out in the Case
of the Caracazo v.Venezuela [reparations, 2002], in the sense that the
State must implement, in the educational and training programmes for
Armed Forces and [Dirección General Sectorial de los Servicios de
Inteligencia y Prevención (Office of the Sector Director General for
Intelligence and Preventive Services)] officers, a course on the
principles and rules for the protection of human rights, particularly the
prohibition of forced disappearance, torture and the disproportionate
use of force, taking into account the case law of the Inter-American
Arangio-Ruiz, "Second Report on State Responsibility", in United Nations, Yearbook of the
International Law Commission (1989)-II, part I, pp. 31-35, 40-43 y 47-54.
.
Thus bridging the gap between civil and criminal, specific to the regulation of responsibility
under domestic law.
5
.
M. Jourdain: - "(...) Il y a plus de quarante ans que je dis de la prose, sans que j'en susse
rien, et je vous suis le plus obligé du monde de m'avoir appris cela". Molière, Oeuvres Complètes
(Le bourgeois gentilhomme, 1670, Act II, Scene V), Paris, Éd. Seuil, 1962, p. 515.
6
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