Order of the
Inter-American Court of Human Rights∗
of July 1, 2009
Case of Castañeda Gutman v. Mexico
(Monitoring Compliance with Judgment)


The Judgment on preliminary objections, merits, reparations and costs
(hereinafter referred to as “the Judgment”) of August 6, 2008, whereby the InterAmerican Court of Human Rights (hereinafter, the “Inter-American Court”, “the
Court,” or “the Tribunal”) ruled, inter alia, as follows:
The State shall, within a reasonable time, complete the adaptation of its domestic
law to the Convention, in order to adapt the secondary legislation and the norms that regulate
the action for the protection of the rights of the citizen to the provisions of the constitutional
reform of November 13, 2007, so that, using this remedy, citizens are effectively guaranteed
the possibility of contesting the constitutionality of the legal regulation of the right to be
elected, in the terms of paragraphs 227 to 231 of th[e] judgment.
The State shall publish once in the official gazette and in another daily newspaper
with widespread circulation, paragraphs 77 to 133 of th[e] judgment, without the footnotes,
and its operative paragraphs within six months of notification of th[e] judgment, in the terms
of paragraphs 232 to 235 [t]hereof.
The State shall pay Jorge Castañeda Gutman the amount established in paragraph
244 of th[e] judgment, for reimbursement of costs and expenses, within six months of
notification of th judgment.
The Court will monitor full compliance with th[e] judgment, in the exercise of its
attributes and in compliance with its obligations under the American Convention, and will
close this case when the State has complied fully with its terms. Within one year from
notification of th[e] judgment, the State shall provide the Court with a report on the measures
adopted to comply with the judgment.

The brief of March 2, 2009 and the appendixes thereto, whereby the United
Mexican States (hereinafter, “the State” or “Mexico”) reported on compliance with the


On May 7, 2007, Judge Sergio García Ramírez disqualified himself from hearing the instant case
under Articles 19(2) of the Statute and Article 19 of the Rules of Procedure in force at the time of the case,
on account of his Mexican nationality, and the Tribunal allowed that disqualification. Accordingly, Judge
García-Ramírez was not involved in the deliberations or the signing of the Judgment or this Order.

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