ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS *
OF AUGUST 21, 2013
CASE OF CABRERA GARCÍA AND MONTIEL FLORES v. MEXICO
MONITORING OF COMPLIANCE WITH JUDGMENT
The Judgment on preliminary objections, merits, reparations and costs
(hereinafter “the Judgment”) delivered by the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court,” “the Court,” or “this Court”) on November 26,
2010. In the foregoing Judgment, it was established that Messrs. Cabrera García and
Montiel Flores were arrested by an Infantry Batallion of the Mexican Army in the State
of Guerrero and subject to cruel, inhumane, and degrading treatment. As such, the
Court declared that the United Mexican States (hereinafter the “State,” the “State of
Mexico,” or “Mexico”) was responsible for the violation, to the detriment of Messrs.
Cabrera García and Montiel Flores, of their rights to personal liberty, humane
treatment [personal integrity], fair trial, and the obligation to investigate acts of
torture recognized in Articles 5(1), 5(2), 7(3), 7(4), 7(5), and 8(3) of American
Convention on Human Rights (hereinafter “the American Convention” or “the
Convention”), in relation to Article 1(1) of the foregoing treaty. Likewise, the Court
considered that the State violated the right to a fair trial [judicial guarantees] and the
right to judicial protection enshrined in Articles 8(1) and 25(1), respectively, in relation
to Articles 1(1) and 2 of the Convention. Moreover, it declared the responsibility of the
State for the violation of the obligation contained in Article 2, in relation to Articles 8
and 25 of the Convention, by extending the jurisdiction of the military courts to crimes
that are not strictly related to the military discipline or to military legal interests. In
conjunction, the Court found that the State violated Articles 1, 6, and 8 of the InterAmerican Convention to Prevent and Punish Torture, to the detriment of Messrs.
Teodoro Cabrera García and Rodolfo Montiel Flores.
The reparations ordered in the Judgment were:
12. The State shall, within a reasonable period, conduct an effective criminal investigation
into the facts of this case, particularly into the alleged acts of torture committed against
Messrs. Cabrera and Montiel, to determine the corresponding criminal liabilities and, if
Judge Eduardo Ferrer Mac-Gregor Poisot, of Mexican nationality, did not participate in the hearing
or deliberation of this Order, pursuant to that provided in Article 19(2) of the Statute of the Court and 19(1)
of the Rules of Procedure of the Court.