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subsequent trial on the same facts and against the same persons would not amount
to a second trial nor would it disregard the ne bis in idem principle.
22. Naturally, this issue is not closed. It is still necessary to advance carefully and
reflectively into the various hypotheses which might be formulated on the
attainment of double jeopardy. It is to be assessed, as objectively and wisely as
possible, whether it is necessary to disregard a final judgment, apparently
unappealable, and so set aside the ne bis in idem principle, or whether to preserve
the acknowledgment thereof —which is a powerful guarantee— on the basis that
the proceedings instituted and the judgment rendered therein do not amount to
actual proceedings and to a true and genuine judgment.
F) PUBLIC NATURE OF THE PROCEEDINGS AND PUBLICATION OF JUDGMENT
The public nature of the acts of trial in open court, one of which is the judgment, is
a feature inherent to the due process of the law in a democratic society. There are
quite many international instruments which refer to “fair trial” and “public hearing”
within the same expression. The objective sought is to incorporate the eyes and
ears of the people into the trial —notwithstanding their intervention in the trial
itself, as is the case of trial by jury—, which becomes a democratic guarantee of the
correct operation of justice. Public observation reinforces the proper fulfillment of
the jurisdictional function, provided that the judge concentrates only on the facts
and the law, which should never be “re-read” under the public pressure, and
responds only to his reason and his conscience. This is another one of the
important issues regarding the administration of justice in a democratic society,
one which is always extensively discussed, but never adequately resolved in
practice.
The Inter-American Court frequently orders the publication of the judgments it has
rendered as a redress measure, either to satisfy the victim’s right or to create social
hindrances to the possible repetition of conducts which are violations of human
rights. Thus, the publication of the judgment serves a double purpose: an individual
one and a social one, both rooted in the specific case. On several opportunities the
Court has stated that the declaratory and condemnatory judgment is in itself a
redress of grievances. Its reparatory effectiveness is extended when it becomes
generally known due to the reasonable publicity thereof, the characteristics of
which are defined by the Court itself. It thus brings about a kind of vindication of
the victim in a society which might have once considered the behavior of the
authorities to be legitimate. In other words, “things go back to normal”, the truth is
proven in the case, and “each one is given his due” with the people watching. And
all this is quite important.
25. It is also important that publication be made in such a way as to achieve the
aims sought, which are invariably favorable to the cause of justice in general and of
the justice awarded the particular victim. Therefore, it is advisable that the Court
analyze, as it has, the details of the publication ordered. It is necessary to prevent
this means from being used to “victimize the victim once more”, taking into
consideration the circumstances of the case, the characteristics of the victim’s
environment, his future life, the need to create conditions which favor it and which
reduce the negative consequences —most of them, psychological— of the violation
committed. At times the detailed dissemination of the facts does not contribute to
the victim’s future welfare. Finally, what is important is to put on record that there
has been an unacceptable violation of an individual right and that, therefore, the
State has been found internationally liable. Obviously, this does not mean
concealing facts, which are recorded in the proceedings and therefore can be
accessed by any person who is interested in the case. It means doing what is
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