4
corresponding documents of the OAS for the two-year period 2005-2006.12 I hope
that in the near future they will generate specific results.
15.
In the above-referred documents, I proposed, inter alia, that in my opinion,
Article 77 of the Convention should be amended so that not only any State Party and
the Commission, but also the Court, would be entitled to submit Projects of
Additional Protocols to the American Convention –as it naturally corresponds to the
highest surveillance body of said Convention,- in order to increase the number of
rights protected by the conventions and to strengthen the mechanism of protection
established by the Convention.13
16.
Furthermore, and taking into account the current position of the human being
as subject of International Law of Human Rights (and, in my opinion, of the
International Public Law), I sustained that Article 61(1) of the Convention should
have the following wording:
- "The States Parties, the Commission and the alleged victims shall be entitled
to submit a case to the Court.”
And, following the same line of thought, I wish to add in this Separate Opinion, the
additional proposal that Article 63(2) of the American Convention should also be
materially amended and therefore its text would be as follows:
- "In cases of extreme seriousness and urgency, and when it is necessary to
avoid irreparable damage to persons, the Court, in the cases pending before it, shall be
able to order the provisional measures it may deem convenient. In cases not yet
submitted to the Court, it shall be able to act upon request of the Commission or of the
alleged potential victims.”
17.
In the mechanism of protection of the American Convention, the right to
individual petition shall be fully achieved when said right may be directly exercised
by petitioners before the Inter-American Court of Human Rights. This is the reason of
my proposal to amend Article 61(1) of the Convention, encompassing also the
amendment of Article 63(2), under certain circumstances, as regards Provisional
Measures of Protection. In my opinion, such amendment is fully justified, especially if
the alleged circumstances of extreme seriousness and urgency and the alleged
probability of irreparable harm to persons are present.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra-Alessandri
Secretary
.
OAS, document AG/RES.2129 (XXXV-0/050), of 06.07.2005, pp. 1-3; OAS, document CP/CAJP2311/05/Rev.2, of 02.27.2006, pp. 1-3.
12
.
I further pointed out that the Statute of the Inter-American Court (of 1979) needs several
amendments (which I described in the above-referred document). Moreover, I added that Articles 24(3)
and 28 of the Statute should be amended: in Article 24(3), the words "shall be delivered in public session
and” should be eliminated; and in Article 28, the words “shall appear as a party,” should also be
eliminated.
13