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Separate Opinion of Judge A.A. Cançado Trindade in the Case of Gutiérrez Soler versus Colombia (Merits, Judgment of 12.09.2005)

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Chapter Summary

This chapter discusses the separate opinion of Judge A.A. Cancado Trindade in the case of Gutiérrez Soler versus Colombia. It discusses the following points raised by the consideration of the present case: a) time, the project of life and the vulnerability of human existence; b) time, the vulnerability of human existence and the project of after-life; c) the duty of memory and its necessity; and d) the ripening of time, the conscience and the quest for forgiveness. In the present case, the victim himself expressed before the Inter-American Court of Human Rights, as pointed out the present Judgment, that the torture inflicted upon him gravely affected his worth as a human being, his capacity to relate affectively with others, his personal development, and his family ties. The Court avoided quantifying the damage in pecuniary terms, thus preserving its modality of reparation linked to the satisfaction due to the victim.

Keywords: Gutiérrez Soler versus Colombia; Human Rights; Inter-American Court of Human Rights; universal juridical conscience

10.1163/9789004251038_041
/content/books/b9789004251038s041
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