20.
Furthermore, regarding the amendment of the Federal Criminal Code ordered in the
Judgment, the State affirmed that it had proposed the definition of the crime of forced
disappearance appropriately and based on the relevant international standards. In addition,
it recalled that in the Order on monitoring compliance with judgment of May 19, 2011, the
Inter-American Court had noted that this proposed reform incorporated the elements
established in the Judgment and in the Inter-American Convention on Forced Disappearance
for an appropriate definition of the crime.
21.
For their part, regarding the amendment of the Code of Military Justice, the
representatives indicated that “the [decree] that the Mexican State referred to […] is not
compatible with what was ordered […] in the Judgment,” because “it only proposes to
exclude from the military criminal jurisdiction the crimes of forced disappearance of
persons, torture and rape, so that these will fall within the competence of the ordinary
courts, [reserving] the authority to investigate and to analyze whether the facts are in
keeping with the legal assumptions [to] the Office of the Prosecutor General for Military
Justice […].” They indicated, also, that, “since October 2010, 16 amendments have been
presented to the Congress of the Union to limit the competence of the military jurisdiction
and, at this time, no report has been produced that results in a discussion in the chambers
of the Congress of the Union.” Consequently, they affirmed that “the only way in which the
State can comply with [this measure of reparation is] by presenting and approving an
initiative that is in accordance with the international standards for the protection of human
rights established in the Judgment […].”
22.
Regarding the said Ruling of the SCJN of July 14, 2011 (supra considering paragraph
5), the representatives indicated that this “constitutes a progressive opinion, but it is not
legally binding for other Mexican judges, because [the SCJN] has still not decided the
contentious cases that it is hearing on this issue.” They underscored that, “[f]or the said
opinion to be obligatory for the authorities, the laws of Mexico establish that it is necessary
to produce case law, which will not happen until the [SCJN] decides five cases in the sense
indicated; that is, prohibiting the military jurisdiction from hearing cases of human rights
violations.” In addition, they indicated that this ruling “is far from constituting a guarantee
that [all] cases of human rights violations will be heard promptly by ordinary courts,”
because, according to the representatives, “it is a rather fragile element that could change
according to the composition of the highest court.”
23.
Now, regarding the required amendment of the Federal Criminal Code, the
representatives considered that this obligation “will not be complied with until amendments
are made to the law, [… adapting] the definition of forced disappearance to the provisions of
the international standards.” In addition, they indicated that compliance with the Judgment
of the Inter-American Court is an obligation “for the State, not only the Executive”; hence,
according to the representatives, “the authorities involved have the obligation to expedite
the reforms to ensure that this is implemented.”
24.
Lastly, the representatives indicated that the document “Pact for Mexico” establishes
that “the legal framework shall be updated to prevent and to punish effectively inhuman
and degrading acts, as well as torture, cruelty and forced disappearance,” and that “the
framework for the justice system will be restructured so as to ensure that no one has
privileges,” and in order to restrict the competence of the military jurisdiction. However,
they expressed their concern in view of the fact that compliance with this obligation was not
a priority, because, according to this document, the State only planned to initiate the said
process of legislative reform in the second half of 2013, despite the fact that more than
three years have passed since the Judgment was handed down in this case.
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