49.
The two last cases that in which two hearings were held in each one were those of
Cantos versus Argentina (Judgment of 11.28.2002) and 19 Tradesmen versus Colombia
(Judgment of 07.05.2004). The proceedings of Interpretation of the Judgment do not
necessarily exclude the holding of public hearings: for example, v.g., the Judgment of
Interpretation in the case of Cesti Hurtado versus Peru, which was duly preceded by a
public hearing (on 01.25.2001).
50.
There seems to be statistics for everything, except for reason and persuasion.
From 1990 and until the end of 2006, the Inter-American Court had issued 19 Judgments
of Interpretation; of this total, nine Judgments of Interpretation were issued only in the
two-year period of 2005-2006. The total of requests for interpretation of Judgments
seems to have accompanied the decrease of the total of public hearings before the Court.
In short, I allow myself to insist that there seems to be statistical graphs for everything
except for reason and persuasion. Statistical graphs do not impress me at all; I have a
real aversion for them.
51.
And in this I enjoy good company. The historian Arnold J. Toynbee, known for his
profound erudition, has criticized, for more than three years, the “statistical approach”
and the “quantification” that were going on to dominate in the contemporary world and
that, in his opinion, have a very limited value in “human affairs". For him, "the permanent
and regular element in human affairs is human nature, - the whole psychosomatic unity
of a human being."40 He confessed that, in the final part of his monumental A Study of
History, he experienced
"a sense of awe and wonder at human destiny, and human affairs
in general, in which the historian is on common ground with the poet or
the visual artist. So perhaps he is half-way between the scientist and the
poet. (...)
I am very conscious of the tragedy of human events (...). When I
study history I try to penetrate beyond the human phenomena to what lies
behind them. (...) My curiosity leads me on to be curious about the nature
and meaning of destiny (if there is such a thing), about existence as a
whole. (...) For me history is a way of entering into and trying to
comprehend the universe. Every human being has a feeling that life is
mysterious, and every human being is to some extent trying to
comprehend the incomprehensible."41
52.
Each human rights case submitted to the consideration of this Court is a universe
in itself, which, in my opinion, reveals – some with greater density – the uncertainties
and mysteries that surround human existence, the inquiries on the alleged destination,
and the tragedy of the human condition. An international court is called upon to hear and
issue a ruling on facts that frequently reveal violence and injustice that victimize so many
human beings on a daily basis. In effect, human nature does not seem to have changed
throughout the centuries.
53.
It is hard for me to escape from the impression that, submitting the noble work of
an international human rights tribunal such as this Court, to quantifications and statistical
graphs, is an improper trivialization of the mission reserved to it. An additional brief
.
Toynbee on Toynbee, Oxford, University Press, 1974, pp. 26-27.
.
Ibid., pp. 28, 38, and 40.
40
41
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