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Concurring Opinion of Judge A.A. Cançado Trindade in the Case of Barrios Altos versus Peru (Merits, Judgment of 14.03.2001)

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Chapter Summary

This chapter discusses the adoption of historical importance on the merits in the Barrios Altos Case from the recognition of international responsibility expressed by the Peruvian state. The oral arguments, both of the Peruvian State and the Inter-American Commission on Human Rights, developed in the memorable public hearing in the premises of the Tribunal, opened a new perspective in the experience of the Court in cases of that recognition(allanamiento) on the part of the respondent State. It is never to be forgotten that the State was originally conceived for the realization of the common good. The State exists for the human being, and not vice versa. No State can be considered to rest above the Law, whose norms have as ultimate addressees the human beings. The "laws" of self-amnesty are not truly laws: they are nothing but an aberration, an inadmissible affront to the juridical conscience of humanity.

Keywords: allanamiento; Barrios Altos; Human Rights; Inter-American commission; Peruvian state; self-amnesty; Tribunal



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