DISSENTING OPINION OF JUDGE MAXIMO PACHECO-GOMEZ
For the following reasons, I dissent from the majority opinion with respect to
resolutory part 2 of the judgment, in which the Court decided that the Republic of
Colombia has not violated the Right to Humane Treatment of Isidro CaballeroDelgado and María del Carmen Santana:
1.
Article 5 of the American Convention on Human Rights establishes that
1.
Every person has the right to have his physical, mental, and
moral integrity respected.
2.
No person shall be subjected to torture or to cruel, inhuman, or
degrading punishment or treatment. All persons deprived of their liberty shall
be treated with respect for the inherent dignity of the human person.
...
2.
The statements of witnesses Elida González and Gonzalo Arias-Alturo have
convincingly shown that Isidro Caballero-Delgado and María del Carmen Santana
were not treated with the respect owed to their dignity as human beings.
3.
For these reasons I believe that the Republic of Colombia has violated, to the
detriment of Isidro Caballero-Delgado and María del Carmen Santana, the right to
humane treatment as guaranteed by Article 5 of the American Convention on Human
Rights.
Máximo Pacheco-Gómez
Judge
Manuel E. Ventura-Robles
Secretary