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

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