Considerations of the Court
27.
The Court finds that the State made the payments to cover medical and
psychological treatment. 14 In this regard, the Court notes that it appreciates the efforts
by the State to promptly meet the terms of this obligation, and declares that the State
has complied with the fourteenth operative paragraph of the Judgment.
D.
Obligation to introduce, within a reasonable time, the appropriate
legislative reforms in order to bring Article 57 of the Code of Military Justice
in conformity with international standards on the matter and with the
American Convention on Human Rights, and adopt the pertinent legislative
reforms so that individuals subject to intervention by the military courts have
an effective remedy to challenge their jurisdiction, under the terms of the
Judgment (fifteenth operative paragraph)
28.
The State reported that, “on October 19, 2010, the Federal Executive had
submitted to the Congress of the Union the initiative for the issue of a decree which
would reform, repeal, and add to several provisions of the Code of Military Justice, the
Statutory Law on the Judicial Power of the Federation, the Federal Criminal Code, the
Code of Criminal Procedure, and the Act Establishing the Minimum Standards on the
Rehabilitation of Convicts.” It added that “[o]n April 19, 2012, the Joint Committees on
Justice and on Legislative Studies of the Senate had approved the report on the
foregoing proposed decree, and had forwarded it to the Plenary of the Senate.”
29.
Moreover, the State noted that “in the ruling adopt[ed] within the case file of
Various matters 912/2010 15, the Supreme Court of Justice of the Nation […] had
determined that national judges at all levels were obligated to exercise, ex officio,
control of conformity with the Convention in the terms established by the InterAmerican Court[. I]n the above-mentioned ruling, the [Supreme Court of the Nation]
established that the judges of the ordinary justice system must hear all the cases of
human rights violations presumably committed by members of the Armed Forces, and,
in that sense, determined that the ordinary courts would have competence to hear all
military cases that do not refer solely to military discipline.” 16
14
Copy of the receipts of payment by the State in favor of Messers. Teodoro Cabrera García and
Ubalda Cortés Salgado in representation of Mr. Rodolfo Montiel Flores (case file of monitoring of compliance
with judgment, tome I, folios 66 to 70).
15
Published in the Official Gazette of the Federation on October 4, 2011.
16
"Interpretive Restriction of the military forum. Incompatibility of the current draft of Article 57,
section 11, of the Code of Military Justice, with that provided in Constitutional Article 13, in light of Articles
22 and 8(1) of the American Convention on Human Rights” which determines that: "the Judiciary of the
Federation must exercise control of conformity with the Convention ex officio in regard to Article 57, section
11, of the Code of Military Justice, since the current draft of the text is incompatible with that provided in
Article 2 of the American Convention on Human Rights [...]. As such, the interpretation of this concept of the
Code of Military Justice must be carried out in the sense that given the situations that affect human rights of
civilians, under no circumstance can the military jurisdiction function, because when the military courts hear
cases involving acts that consist of human rights violations against civilians, they exercise jurisdiction not
only in regard to the accused, who must be a person with active military status, but also in regard to the
civilian victim, who has the right to participate in the criminal proceeding not only in regard to the respective
reparation of the damage, but also in regard to the effective use of their rights to the truth and justice.”
Second Report of the State of Mexico on the measures adopted in compliance with the Judgment issued by
10