Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

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



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Judge Antônio A. Cançado Trindade. The Construction of a Humanized International Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation