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8. By evidence, I naturally mean means of conviction - I deliberately use this word:
conviction – sufficient to persuade the judge passing a judgment of conviction: “sufficient
evidence.” I am not talking about a criminal conviction; just conviction that is explained by
the – “convincing” – verification of certain unlawful facts, which are the result of the – also
verified – actions of a given agent. Obviously enough, I do not expect all the facts at issue
in a case to be established through official, unquestionable documents and univocal and
reliable testimony, or irrefutable expert opinions. Doing so would be childish. I accept the
possibility and efficacy of indirect means of evidence, provided, however, that they
overcome the – often imprecise and elusive – line separating sufficient evidence from those
data which, by themselves, do not possess this essential quality.
9. Naturally, conviction is a strictly personal matter. I acknowledge the fact that each
person may arrive at their own conclusions with full intellectual probity and a completely
clean conscience, and that these deserve as much respect and consideration as is afforded
to contrary conclusions. A difference of opinion does not entail reproach, as noted in all of
my separate opinions. Other than that, I have already said that I agree that there was a
violation of Articles 4 and 1(1) of the Convention. The insufficiency of the evidence
concerning a given point in the alleged facts is precisely that: insufficiency. It is not - not
even by a long shot – a clearing of the allegations. It has not been so in the instant case.
PRESERVATION OF THE ENVIRONMENT
10. The Inter-American Court has categorically and constantly highlighted the special duty
of the State when it comes to human rights defenders. Such persons are, just like the State
itself – and so I have repeatedly noted – central players in the Inter-American Human
Rights Systems, the operation of which is largely dependent on the progress made in such
protection in the countries of the Americas and the expansion of the human rights culture.
11. I must further note that the violation of the duty of guarantee in this case – in which the
right to life was violated – runs counter to the general protection of those who devote their
life and work to the preservation of the environment, a service that reaches well beyond the
individual right of one or a few persons: it concerns and affects us all. Such devotion has
now become evident, since the victim was a recognized environmentalist who had faced
opposition and adversity because of her being such.
12. Any actions and omissions that directly affect those who act in this context also
intimidate others who are engaged in similar activities. Therefore, they create individual and
social discouragement, causing serious damage to the community as a whole. The position
of the Court on this subject is, moreover, in line with the repeated requirement that special
protection be provided to persons engaged in the defense of human rights. Preservation of
the environment, the integrity of which is a right of all, gravitates in that direction and calls
for protection.
REASONABLE TIME
13. On the other hand, I would like to address the repetition, in this Judgment, of
something which has meant a step forward in the Inter-American Court’s case law. I am
talking about the inclusion (as seen in paragraph 112) of a piece of information for the
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