next of kin, or legal representatives duly accredited) in all the stages of the proceedings
before the Court.114 (Article 23)
138. In a historical perspective, this was the most transcendental modification
introduced by the Rules of Procedure of the Court, a real turning point in the evolution of
the Inter-American human rights protection system as a whole. In effect, the
consolidation of the locus standi in judicio of individuals before the Court is an appropriate
and logical development, since it does not seem reasonable to acknowledge rights in the
international realm without the corresponding procedural capacity to vindicate them.
Based on the right of individual petition the juridical mechanism of emancipation of the
human being vis-à-vis the State itself is created115 for the protection of their rights within
the sphere of International Human Rights Law, - an emancipation that comes in the end
to attribute an ethical content to the regulations both of domestic public law and
international law.
2.
The Right to the Realization of Material Justice .
139. The understanding of the progress made by the Inter-American Court in its
jurisprudential construction in recent years – which does not admit steps backwards –
has been in the sense that the right to a fair trial (lato sensu) at national and
international levels corresponds to a right of realization of material justice. As such, it not
only covers formal access to a court or judge, but also to the guarantees of the due
process of law, the right to a fair trial, reparations (as long as they are due), and the
faithful and full execution of judgments.
140. According to the jurisprudence constante of the Court up to this date, the
American Convention not only requires a formal right to a fair trial within domestic law
(the right to an effective recourse under Article 25), but also in the realization itself of
material justice. With this purpose in mind, the Convention determines the faithful
observance of the right to a fair trial (Article 8), the latter taken lato sensu, covering the
totality of the procedural requirements that must be observed so that all individuals can
defend themselves adequately from any act arising from the State’s power that may
affect their rights.
141. As I recalled in my extensive Concurring Opinion (paras. 35-43) in the case of the
Pueblo Bello Massacre, regarding Colombia (Judgment of 01.31.2006), the Court has, up
to this date, consistently related judicial protection (Article 25) with the right to a fair trial
(Article 8).116 This continues to be its position up to this date, August 02, 2008, of
.
Regarding the legislative background of the third and fourth Rules of Procedure of
the Court, cf. A.A. Cançado Trindade, "El Nuevo Reglamento de la Corte Interamericana
de Derechos Humanos (2000) y Su Proyección Hacia el Futuro: La Emancipación del Ser
Humano como Sujeto del Derecho Internacional", in XXVIII Curso de Derecho
Internacional Organizado por el Comité Jurídico Interamericano - OEA (2001) pp. 33-92.
114
.
Cf. A.A. Cançado Trindade, "The Emancipation of the Individual from His Own
State - The Historical Recovery of the Human Person as Subject of the Law of Nations", in
Human Rights, Democracy and the Rule of Law - Liber Amicorum L. Wildhaber (eds. S.
Breitenmoser et
alii), Zürich/Baden-Baden, Dike/Nomos, 2007, pp. 151-171.
115
.
116
Cf., in this sense, its Judgments in the cases of Barrios Altos versus Peru (of
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