26
enliven the OAS, as a debate in such a forum would show the Member States not only
the strengths but also the deficiencies and weaknesses of the system, with a view to
strengthening and improving it.
40.
The failure to inform about compliance with the judgment in the case of Hilaire,
Constantine, Benjamin et al. v. Trinidad and Tobago has led me to expose in this
separate opinion in the case of Caesar v. Trinidad and Tobago the weaknesses of the
system in this area, in the hope that no situations such as those described herein will
reoccur and that the OAS Member States, but especially the States Party to the
American Convention will implement the mechanism required for the judgments
pronounced by the Inter-American Court to be fully complied with, on account of the
fact that, as this Court has consistently held, “[i]n a democratic society, the rights and
freedoms inherent in the human person, the guarantees applicable to them and the
rule of law form a triad. Each component thereof defines itself, complements and
depends on the others for its meaning.”44
Manuel E. Ventura-Robles
Judge
Pablo Saavedra-Alessandri
Secretary
44
ICourtHR, Hábeas Corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) American Convention on
Human Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 26; ICourtHR, Judicial
Guarantees in States of Emergency (Arts. 27(2), 25 and 8 American Convention on Human Rights).
Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9. para. 35; and ICourtHR, Certain Attributes of
the Inter-American Commission on Human Rights (Arts. 41, 42, 44, 46, 47, 50 and 51 American Convention
on Human Rights). Advisory Opinion OC-13/93 of July 16, 1993. Series A No. 13, para. 31
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