118. When remembering an Italian militiaman he had known and who had disappeared
in that civil war, G. Orwell expressed, in verse, all his repugnance for the war and the
uselessness of the human sacrifices, while also stating his faith in human conscience and
in the primacy of spirit over matter:
"(...) Your name and your deeds were forgotten
Before your bones were dry,
And the lie that slew you is buried
Under a deeper lie;
But the thing that I saw in your face
No power can disinherit:
No bomb that ever burst
Shatters the crystal spirit."94
119. However, human memory has survived a succession of brutalities and currently
the human conscience has awoken for the duty to remember and the right to remember,
in both its individual and social dimensions. The evolution of International Human Rights
Law in general (moved, like that of all Law, by the universal juridical conscience), and the
jurisprudence of the Inter-American Court, en particular, especially in its Judgments in
cases of great cultural density, such as, v.g. the cases of Bámaca Velásquez versus
Guatemala (2000-2002) and the Moiwana Community versus Suriname (2005-2006),
whose public hearings I remember as if they had occurred yesterday, have contributed
decisively to this awakening. In view of the sadness of the human condition, we must
continue fighting for the primacy of the memory of victims over human cruelty.
120. In effect, in recent decades human conscience seems to have awakened for the
duty to remember the victims of brutalities and atrocities. This has been materializing
itself through the construction, in different parts of the world, of memorials, “awareness
sites”, “pedagogical museums”, and monuments.95 Several times we have felt the need
to engrave the traces of our memory in stone,96, so they can survive the passing of time.
These efforts or initiatives of memorialization – in which the monument “The Eye that
Cries” is included – seek to remember and honor the victims, meditate on the atrocities
of the past (and the need for responsibility to be assumed for them), extract from them
lessons for the present and the future, looking to guarantee that they do not happen
again.
121. In effect, a more critical spirit and a greater awareness of past facts are favorable,
trying to avoid that the grave abuses and violations of human rights occur again in the
.
94
Reproduced in: G. Orwell, Lutando na Espanha, op. cit. supra n. (51), p. 384.
.
Such as, v.g., the memorials in South Africa for the victims of the apartheid, the
museum in memory of the victims at the headquarters of the old ESMA (School of
Mechanics of the Army) in Argentina, Memory Park in Buenos Aires/Argentina, Terezín
Memorial in the Czech Republic, the Villa Grimaldi Memorial and park for peace in Chile,
the memorial for the missing detainees at the Vaz Ferreira Park in the Hill of
Montevideo/Uruguay, besides the monument “The Eye that Cries”, in Peru, among
others.
95
.
S. Lindeperg y A. Wieviorka, Univers concentrationnaire et génocide - Voir, savoir,
comprendre, Paris, Éd. Mille et Une Nuits, 2008, p. 41.
96
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