KURT JUDGMENT – DISSENTING OPINION OF JUDGE PETTIT 50 relying on their personal conviction. That, to my mind, is “heresy” in the international sphere, since the instant case could have been decided on the basis of the case-law under Article 5 requiring objective evidence and documents that convince the judges beyond all reasonable doubt; but both documents and witnesses were lacking in the present case. In addition, the Kurt case occurred in a different context to the one that led to the decisions of the Inter-American Court.

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