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Separate Opinion of Judge A.A. Cançado Trindade in the Case of Bámaca Velásquez versus Guatemala (Reparations, Judgment of 22.02.2002)

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Chapter Summary

This chapter presents the separate opinion of Judge A.A. Cançado Trindade in the Judgment on reparations which the Inter-American Court of Human Rights has just adopted in the case Bámaca Velásquez versus Guatemala. It is significant that the first resolutory point of the present Judgment has stressed the determination of the Court to see to it that the respondent State finds the mortal remains of Mr. Bámaca Velásquez, proceeds to their exhumation in the presence of his widow and relatives. The Judge's thoughts concentrate on four specific aspects pertaining to this resolutory point of the Judgment, which the judge allows himself to call: the time, the living law, and the dead; the projection of human suffering in time; the passing of time, and the repercussion of the solidarity between the living and the dead in the Law; and precariousness of the human condition and the universal human rights.

Keywords: Bámaca Velásquez; Guatemala; Inter-American Court of Human Rights; Judge Antônio A. Cançado Trindade; universal human rights



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