6
19.
Thus, given a violation of provisional measures of protection ordered by this
Court, said violation adds to the alleged violations that have given rise to the
concrete case on the merits. The cases of provisional measures of protection —
brought before this Court— in favor of persons deprived of their liberty, in which
successive violations of the right to life of persons protected by said measures have
taken place (for example, mater of Mendoza Prisons, Urso Branco Prison, Children
Deprived of Liberty in the Complexo del Tatuapé of the FEBEM, among others)
confirm the inadequacy and uselessness of the search for a “negotiated solution” or
“conciliation” in the present context, as well as the urgent need to address the issue
of provisional measures of protection from the stance of international responsibility
of the State, and —I should add, If I may— of autonomous responsibility in
connection with the merits of any such case.
IV.
Conclusion
20.
However, Provisional Measures of Protection, the up-to-date development of
which under the American Convention amounts to a true conquest of the Law, are
still —as I see it— at their early stages, in the beginning of their evolution, and they
will grow and strengthen even more to the extent universal juridical conscience
awakes to acknowledge the need for their conceptual refinement in all of their
aspects. International Law of Human Rights have transformed the very conception of
said measures —from precautionary to protective— revealing the current historic
process of humanization of Public International Law in this specific domain as well;
although this process is still in course of development.
21.
This is the road ahead. As a next step, it is paramount nowadays to develop
both their legal governing rules, and —within this context— the legal consequences
of breach or violations of Provisional Measures of Protection, endowed with their own
autonomy. I believe victims have a truly central role both in the present context of
prevention as in the resolution of the case upon its merits (and eventual reparations)
relating to a contentious case, as they are the subjects of International Law of
Human Rights and of contemporary Public International Law, with international
juridical-procedural capacity.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra Alessandri
Secretary
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