(Order of 07.05.2004), my Concurring Opinion in the case of the Peace Community of
San José de Apartadó versus Colombia (Order of 03.15.2005), among others.
104. In the same line of reasoning, I have held, besides the need to promote the
complementary nature of the State’s international responsibility and the individual’s
international criminal responsibility, in order to reveal a necessary coming together of
International Human Rights Law and contemporary International Criminal Law.74 In
this sense I have issued my Concurring Opinion in the case of Myrna Mack Chang
versus Guatemala (Judgment of 09.18.2003), my Concurring Opinion in the case of
the Plan de Sánchez Massacre versus Guatemala (merits, Judgment of 04.20.2004),
my Concurring Opinion in the case of Goiburú et al. versus Paraguay (Judgment of
09.22.2006), my Concurring Opinion in the case of Almonacid Arellano versus Chile
(Judgment of 09.26.2006), among others.
105. That way, nobody is removed from the application of the Law, neither the
victims of the violations of their rights by State bodies or agents nor the victims of
violations of their rights due to terrorist acts. I do not see any impossibility or difficulty
for the Inter-American Court to clarify this matter in the preset Judgment of
Interpretation in the case of the Castro Castro Prison; it did not do it because it did
not want to, but in my opinion it should have. If it had done it, it would not be acting
ultra vires, but instead complying fully with its duty in the circumstances of the cas
d'espère, duly clarifying the sense and scope of its previous Judgment, on merits and
reparations, of 11.25.2006, in the case of the Castro Castro Prison.
106. In the present case, the appellant State was not the only one who requested
the interpretation of the Judgment; the attorneys of the victims (different to the
representative of the victims and the common intervener) also requested clarifications
on different matters. The Court clarified a request for interpretation, the latter, but in
my opinion, it did not, sufficiently or satisfactorily, clarify the issues presented in the
State’s request for interpretation.
107. In my opinion, if it had clarified all the matters presented to it in the present
process of Interpretation of Judgment, the Court would have contributed to
strengthening even the position of the victims in the present case of the Castro Castro
Prison, within the framework of the rule of law under the American Convention. It
would have also clearly solved the central issue presented in the State’s request,
imbued of the acknowledgment of the importance of reason and persuasion in its
substantiation of the Judgment of Interpretation. Since the Court abstained from
doing so, I spread upon the record my own personal reasoning, in the present
Concurring Opinion, as grounds to my position in this sense.
X.
The Blindness of Private Vengeance and the “Eye that Cries”
Even More.
108. In my Concurring Opinion in the previous Judgment on merits and reparations
(of 11.25.2006) in the present case of the Castro Castro Prison, I allowed myself to
consider that
"(...) From the debris of the bombing on the Prison of Castro
Castro, from the devastation of the armed attack perpetrated against
its defenseless inmates between the days of May 06 and 09, 1992,
.
V.g., through the presence and participation of the victims in international
proceedings.
74