excavation work was commenced in the area” of Atoyac, with the presence of a professional
who provided psychosocial support to the victims’ next of kin during the procedure.
However, “no clandestine graves or evidence of skeletal remains were detected” on that
occasion. The State also indicated that “the reports were received of the experts in social
anthropology from the Prosecutor General’s Office and from the National Institute of
Anthropology and History (INAH)”; they had been requested by the latter institution, and
“based on the recommendations made in the two reports, the Public Prosecution Service
inspected the suggested areas on January 24, 2013,” avoiding a repetition of certain places.
In addition, the State indicated that, on February 12, 2013, following a working meeting in
the offices of the PGR with INAH experts, “orders were given to scan the subsoil in three
areas, […] and this was done from March 11 to 16, 2013.” Lastly, the State emphasized
“that, during these procedures, access was provided to the next of kin of disappeared
persons who were on the scene […].”
15.
The representatives indicated repeatedly that this measure “is the most important
one as regards integral reparation for the human rights violations caused by the State, […]
because the uncertainty about [the whereabouts of Mr. Radilla Pacheco] prevents the
victim’s next of kin […] from concluding their mourning process […].” Furthermore, they
welcomed the State’s initiative “to undertake a thorough search for [Mr.] Radilla Pacheco,
gathering relevant documentation and testimony that could reveal information on his
whereabouts. However, once again, [they] regret[ted] that the Mexican State had delayed
so long in undertaking this search, which seriously affects the possibilities of its success.” In
addition, they advised that, “even though the prosecution authorities [collected] information
by recovering historical archives and testimony, this information has not yet been duly
systematized.” Lastly, they indicated that “from May 20 to June 1, 2013, the fourth stage of
excavations in the former Atoyac Military Barracks will be carried out,” and that they will be
“monitoring the way in which the procedure is carried out,” in order to provide the Court
with information in this regard.
16.
The Commission assessed positively the efforts made by the State “owing to the
reports [of the experts in social anthropology] that would eventually assist in the search for
Mr. Radilla [Pacheco].” It also stressed “the meeting that the State had held with the
victim’s next of kin to provide them with specific information on the plans to continue the
search.” Furthermore, it stated that it was awaiting the results of the fourth stage of
excavations at the former Atoyac Military Barracks.
17.
The Court underlines the efforts made by the State to find the remains of Mr. Radilla
Pacheco, particularly the work of excavation and scanning that has been carried out in the
area corresponding to the municipality of Atoyac, as well as the preparation of social
anthropology reports in order to obtain new lines of investigation so as to locate them. The
Court also appreciates the fact that the State has coordinated with the search measures
taken by the victims, as ordered in the Judgment.12 Consequently, the Court urges the State
to continue the searches that are underway, within the framework of the communication
that it has developed with the victims and their representatives. In this regard, the Court
recalls that the effective search for and prompt finding of Mr. Radilla Pacheco or his mortal
remains forms part of the next of kin’s right to know the truth,13 and will help alleviate the
anguish and suffering caused to his family. Thus, the Court requires the State to provide
12
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 336.
13
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 336.
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