SEPARATE CONCURRING OPINION OF
JUDGE SERGIO GARCIA-RAMIREZ IN THE JUDGMENT RENDERED IN THE
CASE OF PLAN DE SANCHEZ MASSACRE V. GUATEMALA,
ON APRIL 29, 2004
1.
I concur with the judges of the Inter-American Court in issuing the judgment
on the merits in the Case of Plan de Sánchez Massacre v. Guatemala, issued on April
29, 2004. I add this separate opinion, in which I examine certain points of said
ruling, as well as its possible implications.
2.
Solution of an adjudicatory case may be expressed in various judicial and
extra-judicial acts, which may have repercussions on the former. Extra-judicial acts
that pertain to agreements among the parties appear at any time prior to when the
proceeding commences, and even during it, especially –as regards the interAmerican system for protection of human rights- during the stage of processing
before the Commission. With respect to the period of the court proceeding, strictly
speaking, the solution occurs through one or several judgments that decide on the
merits (declaratory) and on the corresponding consequences (sentencing), or by
means of an act that establishes a specific judicial ruling that ends the dispute, in all
its expressions, or a part of it, leaving solution of the remaining parts pending,
subject to another ruling of the Court, whether or not prepared by new acts of the
parties geared toward an agreement.
3.
The rules of the Inter-American process reflect the latter possibility under the
item regarding “Early Termination of the Proceedings” (Chapter V of the Rules of
Procedure), which includes as causes for discontinuance of the case, both the
decision of the applicant not to proceed with it and acquiescence by the respondent
(Article 54). I have referred elsewhere to acquiescence within inter-American
adjudicatory proceedings (see my Separate concurring opinions in the Case of Myrna
Mack Chang v. Guatemala, November 25, 2003 Judgment, paras. 10, 11, 13, 17, 18,
21, 24 and 30; and Case of Bulacio v. Argentina, September 18, 2003 Judgment,
para. 7). The amendments to the Rules of Procedure on November 25, 2003
recognized that said procedural act pertains to the “claims” of the applicant, not to
the “facts” alleged by the applicant, the admission of which amounts, strictly
speaking, to a confession.
4.
Of course, neither acquiescence to the claims nor confession are binding for
the Inter-American Court: confession is not, because the court has the power to
establish the value and scope of any evidence. Nor is acquiescence -or, if applicable,
the decision not to proceed with the case- because the court itself may order that
examination of the case continue to ensure better protection of human rights, even if
such acts have occurred. Therefore, the interests and requirements of justice are
above the interests or the will of the party, and the former are geared toward
protection of human rights in the specific case, but also toward potential solution of
other cases, both regarding international jurisdiction itself and regarding domestic
jurisdictions, by expressing a criterion that leads to that end. This is one of the
aspirations and one of the characteristic features of international justice in the field
of human rights. Therefore, substantive matters prevail over formal ones.
5.
Contrary to what happens in other types of trial, the parties cannot withdraw
the case, on their own, from being heard by the court and, therefore, from the
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos