25.
In this Concurring Opinion in the present Interpretation of the Judgment in the
case of the Castro Castro Prison versus Peru (2007), I had to evoke my reflections
enshrined in another two of my Concurring Opinions in two cases of massacres regarding
to different States Parties to the American Convention on Human Rights, specifically, the
case of the Mapiripán Massacre, regarding Colombia (Judgment of 09.15.2005), and the
Plan de Sánchez Massacre, regarding Guatemala (Reparations, Judgment of
11.19.2004).23 In effect, in my Concurring Opinion in the case of the Mapiripán Massacre,
I allowed myself to consider that
“One does not combat terror with terror, but rather within the
framework of the Law. Those who resort to the use of brute force
brutalize themselves, creating a spiral of widespread violence that ends
up turning the innocent, including children, into victims. (...)
Brute force generates brute force, and at the end, what do we
have? Nothing, general devastation, the breakdown of the social fabric,
vengeance, torture, and summary executions and other grave violations
of International Humanitarian Law and International Human Rights Law,
the transformation of human beings into mere instruments of
confrontation and destruction –opening wounds that will require
generations to heal." (paras. 46-47).
26.
And, in the same Concurring Opinion in the case of the Mapiripán Massacre, I
added:
As I noted in my Separate Opinion in the case of the Plan de
Sánchez Massacre (reparations, Judgment of 19.11.2004), "the ancient
Greek were already aware of the devastating effects of the use of brute
force and of war, both on the victors and on the vanquished, revealing
the great evil of substituting ends with means” (para. 29); since the
times of Homers Iliad to the present day, all those in favor of brute force
have become cogs in the killing machine. As in Homers Iliad, “there are
neither victors nor vanquished, they are all taken over by force,
possessed by war, degraded by the devastation of brutality and
massacres” (para. 30), perpetuating themselves, multiplying their
innocent victims.
Long after Homer, in the 3d century of our age, Plotinus (204270), in his Enneads, argued that the fate of human beings cannot be
left to chance, to fortune, because human beings are gifted with reason,
which must prevail24 under all circumstances, at it is not just any type of
reason, but a noble one, above the natural state, and which guides
everyone.25 In our somber times, we must remember Plotinus’ enduring
Law (European University Institute)/Oxford University Press, 2006, pp. 25-566.
.
The texts of both Concurring Opinions are reproduced in: A.A. Cançado Trindade,
Derecho Internacional de los Derechos Humanos - Esencia y Trascendencia (Votos en la
Corte
Interamericana
de
Derechos
Humanos,
1991-2006),
México,
Edit.
Porrúa/Universidad Iberoamericana, 2007, pp. 595-613 and 457-465.
23
.
Plotinus, The Enneads, London, Penguin, 1991 [reed.], p. 522.
.
Ibid., p. 33.
24
25
8