cogens. In effect, without the right to a fair trial there is not a real legal system. Without
the right to Law, there is no Law. And without Law, without public justice, we are not able
to reach the encouraging culmination that puts an end to the trilogy of tragedies of The
Oresteia by Aeschylus.
158. I hope that my reflections, which I spread upon the record in the present
Concurring Opinion, are good for something: that they help clarify all the consultations
presented to the Court in the present process of Interpretation of Judgment in the case of
the Castro Castro Prison; that they help guarantee compliance by the appellant State –
faithful to its best legal tradition – of the Judgment on merits and reparations in the cas
d'espèce, duly clarified herein (the interpreted res regarding the res judicata); and that
they help the Court keep moving forward in its more guarantor jurisprudential
construction, which has benefited so many victims in situations of the most acute
adversity. I dare to trust that this will not be expecting too much.
Antônio Augusto Cançado Trindade
Judge
Pablo Saavedra Alessandri
Secretary
International Law; A.A. Cançado Trindade, A Humanização do Direito Internacional, Belo
Horizonte/Brasil, Edit. Del Rey, 2006, pp. 3-409.
50