SEPARATE OPINION OF JUDGE EDUARDO VIO GROSSI CASE OF GARCÍA AND FAMILY MEMBERS v. GUATEMALA JUDGMENT OF NOVEMBER 29, 2012 (Merits, reparations and costs) OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS I am issuing this separate opinion 1 with regard to the Judgment delivered in this case (hereinafter “the Judgment”) in order to place on record that, even though I voted in favor of it, I do not agree, with the fact that the InterAmerican Court of Human Rights (hereinafter “the Court”) has considered it “prudent to grant the request of the representatives to keep the amount of compensation agreed by the parties confidential; hence, it [does] not include the amount in th[e] Judgment” and orders that “the parties must also respect the confidentiality of this information.” 2 My discrepancy with the Judgment relates to the fact that the said request for confidentiality was not included in the agreement on reparations of April 20, 2012, signed by the parties to the case; to the obligation to include the reparations and compensation in the corresponding judgment; to the principles of full disclosure and transparency that should inspire the judgment and, lastly, to the failure to substantiate the safety concerns cited in this case to request and order the said confidentiality. I. The reparations agreement and the request 1 Art. 66(2) of the American Convention: “If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to have his dissenting or separate opinion attached to the judgment.” 2 Para. 225.