130. In short, neither in the individual or social realm can we neglect our memory,111 which, in our days, emerges stronger than before because of the awakening of human conscience for the vital need to remember and venerate the victims of human cruelty. The memorial “The Eye That Cries”, is one of the symbols of the tragedy lived by the Peruvian people during the last two decades of the XX century, which generated deep wounds that have not yet healed. We cannot avoid that “The Eye That Cries” continue crying, since each human being and each social means must learn to live with their own area of guilt. XI. The Right to a Fair Trial (National and International) as a Right to the Realization of Justice, and as an Imperative of the Jus Cogens. 131. With this, I go on to my final considerations regarding a matter that has been my flag throughout all my years as a Full Judge of the Inter-American Court: the right of human beings to a fair trial – both national and international – as a right to the realization of justice, thus becoming an imperative of the jus cogens. The present case of the Castro Castro Prison highlights this matter, in order to achieve the overcoming of private vengeance by public justice, - as can be concluded from Aeschylus’ The Oresteia. 132. It is not my objective to reiterate here everything I have written in this sense, but instead point out some aspects regarding the matter, which become especially relevant within the context of the present Judgment of Interpretation in the case of the Castro Castro Prison. The right to a fair trial lato sensu (the right to jurisdictional assistance) is a basic pillar of the protection of human rights. It is enshrined in the American Convention, with regard to both the national (Articles 25 and 8) and international (Article 44) realm, being a real right to Law. 1. The Right to a Fair Trial Lato Sensu. sociology or economics. Owing to the specific features of the partitions, the link between politics and literature in Poland was exceptionally intimate. (...) In Poland, (...) national politics and national literature were smelted in the same fierce fire, and were fused into an amalgam of such unusual intensity that often one could no longer be recognized from the other. In a land where all forms of open political activity of a national character were gradually suppressed, poetry and fiction were mobilized as the most convenient vehicle of political expression. (...) In Poland, literature did not merely reflect politics as it did elsewhere; it threatened to replace it. (...) Under such pressures, and hardened by the horrors of XXth-century occupations, they [the Poles] developed a sense of social solidarity which the comfortable inhabitants of modern democracies (...) find hard to comprehend". N. Davies, Heart of Europe - The Past in Poland's Present, Oxford, University Press, 2001 [reed.], pp. 139, 154, 156 y 161, and cf. p. 148. . We have already correctly stated that "là où la mémoire est dynamique, là où elle sert d'instrument à une transmission psychologique et commune, l'héritage se transforme en présent"; G. Steiner, Le silence des libres, Paris, Éd. Arléa, 2007, p. 14. 111 39

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