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Separate Opinion of Judge A.A. Cançado Trindade in the Case of La Cantuta versus Peru (Interpretation of Judgment of 30.11.2007)

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Chapter Summary

The author presents his opinion in this Tribunal, in the Judgment on the merits and reparations in the present case La Cantuta, concerning the Peruvian State. This chapter discusses three points of fundamental importance. The first consists of considerations on the conceptualization of person and victim in human thinking. Such considerations address the counter-position of personality to individuality, personalism beyond individualism, juridical personalism and subjective right, the evolution of subjective right towards the new dimension of the international juridical titularity of the human being, and the conceptualization of victim and the contribution of the International Law of Human Rights. The second point refers to the necessary expansion of the condition of victim under the American Convention. The third point consists some considerations de lege ferenda on the centrality-and the expansion-of such condition of victim (direct, lato sensu) under the American Convention.

Keywords: American Convention; de lege ferenda; International Law of Human Rights; La Cantuta; lato sensu; Peruvian State; Tribunal



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