2.
The Orders on monitoring compliance with judgment issued by the Court on May 19,
and December 1, 2011, and on June 28, 2012. In these Orders the Court declared that the
following aspects of the Judgment remained pending:
a) To conduct effectively with due diligence and within a reasonable time, the investigation and, as
applicable, the criminal proceedings that are underway in relation to the detention and subsequent
disappearance of Rosendo Radilla Pacheco, in order to determine the corresponding criminal
responsibilities and apply the punishments and consequences that the law establishes (eighth operative
paragraph);
b) To continue the genuine search for, and the prompt discovery of, Mr. Radilla Pacheco or, if applicable,
his mortal remains (ninth operative paragraph);
c) To adopt, within a reasonable time, the pertinent legislative reforms to make article 57 of the Code of
Military Justice compatible with the relevant international standards and with the American Convention on
Human Rights (tenth operative paragraph);
d) To adopt, within a reasonable time, the pertinent legislative reforms to make article 215A of the
Federal Criminal Code compatible with the relevant international standards and with the Inter-American
Convention on Forced Disappearance of Persons (eleventh operative paragraph);
e) To implement, within a reasonable time and with the respective budgetary allocation, permanent
programs or courses to analyze the case law of the inter-American system for the protection of human
rights concerning the limits of the military criminal justice system, as well as a training program on the
proper investigation and prosecution of acts that constitute forced disappearance of persons (twelfth
operative paragraph);
f)
To prepare a profile of the life of Rosendo Radilla Pacheco (fifteenth operative paragraph);
g) To provide free psychological and/or psychiatric treatment immediately, adequately and effectively,
through its specialized public health institutions, to those declared victims in the Judgment who request
this (sixteenth operative paragraph), and
h) To pay the amounts established in paragraphs 365, 370, 375 and 385 of the Judgment as
compensation for pecuniary and non-pecuniary damage and to reimburse costs and expenses, as
applicable (seventeenth operative paragraph).
3.
The reports of July 14, August 29 and November 30, 2011; January 18 and 26,
March 2, May 30, July 3 and October 3, 2012, and January 3 and April 5, 2013, in which the
State referred to compliance with the Judgment.
4.
The briefs of October 17, 2011; January 12, February 17, April 9, June 22, August 3
and November 20, 2012, and February 22 and May 2, 2013, in which the representatives of
the victims (hereinafter “the representatives”) presented observations on the abovementioned reports of the State (supra having seen paragraph 3).
5.
The briefs of November 8, 2011; February 6, May 2, July 10 and December 28,
2012, and March 27 and May 3, 2013, in which the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) presented
observations on the information forwarded by the State and by the representatives (supra
having seen paragraphs 3 and 4).
6.
The private hearing held on June 22, 2012.1
1
This hearing was attended by: for the United Mexican States: Max Alberto Diener Sala, Assistant Secretary
for Legal Affairs and Human Rights of the Secretariat of the Interior; Alejandro Alday González, Deputy Director
General for Cases, Democracy and Human Rights of the Ministry of Foreign Affairs; Sergio Roberto Huerta Patoni,
Coordinator of Advisers to the Deputy Secretary for Legal Affairs and Human Rights of the Secretariat of the
Interior; Jorge Cruz Becerra, Director of International Cooperation with International Human Rights Organizations of
the Prosecutor General’s Office; José Roberto Ríos Vázquez, Area Director of the Prosecutor General’s Office;
Councilor Martha Eugenia Tapia Benavides, Chargé d’Affaires a.i. of the Embassy of Mexico in Costa Rica; Third
2