Separate Opinion of Judge A.A. Cançado Trindade in the Case of Trujillo Oroza versus Bolivia (Judgment of 27.02.2002)

Abstract

The Inter-American Court deemed it equitable to determine the amounts of reparations taking into account the totality of the facts (between 1971 and 2002) admitted by the respondent state. The Inter-American Court, by means of the present Judgment on reparations, has disclosed a much wider horizon for future jurisprudential developments in the search for the entire fulfilment of the object and purpose of the American Convention. The Court has done so on the basis of the relevant precepts of the law of treaties, and with full support in the international case-law and in the more lucid doctrine on the matter. From this new outlook, constructed in the present Judgment in the Trujillo Oroza case, the Court has acted at the height of the responsibilities of protection of the rights of the human person conferred upon it by the American Convention on Human Rights.Keywords: American Convention; Inter-American Court; international case-law; law of treaties; lucid doctrine; reparations; Trujillo Oroza