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Dissenting Opinion of Judge A.A. Cançado Trindade in the Case of Caballero Delgado y Santana versus Colombia (Reparations, Judgment of 29.01.1997)

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Chapter Summary

This chapter presents Judgment on reparations in the Caballero Delgado and Santana case, to the effect of refraining the Court from seeking a review of the pertinent provisions of Colombian domestic legislation regarding the remedy of habeas corpus with a view to determining its compatibility or otherwise with the American Convention on Human Rights. One cannot consent to the reduction to a little more than dead letter of the provisions of human rights treaties concerning the conditions of exercise of the protected rights. The whole future evolution of human rights, under the American Convention on Human Rights, depends on a clear understanding of the extent of the legislative obligations of the States Parties to protect individual rights, and on the willingness to give concrete expression to the scope of legislative obligations in the framework of the determination of the distinct measures of reparation for violations of the protected human rights.

Keywords: American Convention on Human Rights; Caballero Delgado; Colombian domestic legislation; human rights treaties; legislative obligations; reparations; Santana case; State parties



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