7
30.
In the Case of Blanco-Romero, the description of the illegal conduct of forced
disappearance only refers to an “illegal” deprivation of freedom, thus excluding other
forms of deprivation: deprivation may be lawful at the beginning and become illegal
after some time or as a result of certain circumstances. In that case, it would be
appropriate ―and consistent with the special Convention― to expressly take into
account any other form of deprivation of freedom, as set forth in the 1994
Convention and with different degrees of amplitude, in the other international
instruments I have already mentioned herein.
31.
Moreover, upon referring to the persons responsible for the illegal conduct,
the legislation of Venezuela only mentions "public authorities" or “people rendering
services to the State.” The wording excludes other "persons or groups of persons
acting with the authorization, support or acquiescence of the State,” as set forth in
the provisions on forced disappearance within the Inter-American system. Possibly,
such persons are punishable for their involvement in an illegal conduct, but they
would be so under a category other than forced disappearance, and that is not the
aim of the Convention.
32.
The discussion on the crime of forced disappearance set forth in the
international instrument evidences, once again, the need for the States that are
parties to international treaties containing definitions of illegal conducts to review
their domestic legislation in order to adapt it to such international provisions, since
adoption thereof is one of the obligations undertaken by the States, in exercise of
their sovereignty, upon signing such instruments. This consistency between domestic
and international rules does away with certain gaps or doubts regarding the analysis
of disputed facts, the definition of international responsibilities and the fixing of their
potential consequences in specific cases.
33.
In that respect, it is necessary to underscore very specially the principle o
legality, which must be strictly applied in criminal matters. It will not always be
possible for the authorities in charge of enforcing criminal laws to assess their
consistency with international rules through construction procedures that may be
difficult or challengeable, precisely from the perspective of fair warning. Therefore, it
is useful to consider that the descriptions of illegal acts or conducts contained in
binding international instruments should be reflected with as much accuracy as
possible in the domestic criminal system. That will dispel doubts as to the alleged or
actual international responsibility for breaches of the general duty to give “domestic
legal effects,” to international law, pursuant to the provisions in Article 2 of the
American Convention on Human Rights.
Sergio García-Ramírez
Judge
Pablo Saavedra-Alessandri
Secretary