CONCURRING OPINION OF
JUDGE AD HOC FERNANDO VIDAL-RAMÍREZ
The truthfulness of the facts has been acknowledged by the Peruvian State, and that
acknowledgement also entails that of its liability before the States, which are part of
the Inter-American System of Protection of Human Rights.
As accurately expressed by the Judgment, the acknowledgement by the State
constitutes a positive contribution to the principles that inspire the American
Convention; however, the Judgment has also pondered the need of determination of
the facts and causes and consequences of its international liability.
The facts and their consequences, occurred in the decade of the 90s have violated
the right to life, to personal integrity and liberty, as well as the right to judicial
guarantee and protection, and to that we have to add the non-fulfillment of the
obligation of not passing laws adversarial to the American Convention on Human
Rights and which are oriented to prevent the effective exercise of the rights and
liberties that the latter consecrates, as it was expected to apply amnesty laws, the
inefficacy of which has been definitely established ad initio.
The consequences of these facts, which violate the principles and rules that inspire
and consecrate the Inter-American System, determine the reparations that the
Peruvian State, by virtue of its historical continuance, must fulfill. The recognition of
liability for the facts occurred in the interregnum of the 90s -even if later on
recognized by the subsequent direction of the State with praiseworthy sensitivitydoes not exempt it from international liability.
The historical continuity of the State thus determines the assumption of
responsibilities and duties generated by international treaties, especially those
oriented to the preservation and enforcement of human rights, which must be
fulfilled at all time. This reflection has motivated my Opinion and so I certify.
Fernando Vidal-Ramírez
Judge ad hoc
Pablo Saavedra-Alessandri
Secretary
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