7 great existential density, la precariousness of the human condition, and, accordingly, the necessity of transcendence, beyond the alleged crude "reality" of the facts. In the domain of Law, well beyond legal positivism, one is to bear in mind the reality of the human conscience.” (para. 18) 23. Regarding the projection of the victims’ suffering I warned, in the same Concurring Opinion, “(…) the suffering of the excluded ones is ineluctably projected into the whole social corpus. The supreme injustice of the state of poverty inflicted upon the unfortunate ones contaminates the whole social milieu, which, in valuing violence and aggressiveness, relegates to a secondary position the victims (…).Human suffering has a dimension which is both personal and social. Thus, the damage caused to each human being, however humble he might be, affects the community itself as a whole.” (para. 22) 24. The free and unnecessary violence of bodies and agents of the state, especially against the most vulnerable segments of the population, and the exclusion and punishment, as well as the confinement, of those that are “undesirable”, as state “responses” to a “social problem”, has been a constant in the history of the modern State. This has not only happened in Latin American countries, but also in Europe and the whole world. When examined with historical details, the countries of Western Europe, in the period from 1500 to 1800 (in a work originally published in France in 1961), Michel Foucault let himself comment that "civilization, in a general way, constitutes a milieu favorable to the development of madness", being the latter (madness) “the denial of reason.” 9 The murder of street children is, besides a gross breach of human rights, a statement of the madness of the “civilized”, the most emphatic and scary denial of reason. 25. In this regard, the respectable legal philosopher Karl Jaspers warned, some decades ago, that reason – which is inseparable from human existence – is not imposed per se, but instead it results from a decision made by a person in the exercise of his liberty. Since we are clearly at the mercy of events that occur “beyond our control”, the result is that "reason can stand firm only in the strength of reason itself." 10 I believe that this entire matter is up to a certain point involved by the mystery of human existence itself. 26. Among the four victims, tortured, and murdered by their executioners in the present case of Servellón et al., one of them, Diómedes, simply cried. He cried when receiving a “prior notice” that he would be tortured and killed. He cried because of his helplessness and the inevitability of his murder before the monopoly of the use of public force by the State. He could do nothing else but cry, when he said goodbye to his life, due to an arbitrary and criminal decision made by his executioners. And this is only one of the many congenerous cases that occur every day throughout Latin America and the world. The State creates the “undesirables”, when it stops fulfilling the social duties for which it was historically created, and it later alienates them, excludes them, confines them, or kills them (or lets them be killed). IV. The Reaction of the Law: The Prohibitions of the Jus Cogens and the Due Reparatio Revisited. . Michel Foucault, Madness and Civilization - A History of Insanity in the Age of Reason, N.Y., Vintage, [1986 - reed.], pages 217 and 107, and cf. pages 47-49, 221-222, 269 and 289. 9 . K. Jaspers, Reason and Anti-Reason in Our Time, Hamden/Conn., Archon Books, 1971, pages 59, 50 and 84. 10