77
239. Furthermore, in Chapter IX of this Judgment, the Court has declared that
Article 57.II.a of the Code of Military Justice is incompatible with the American
Convention (supra paras. 178 and 179). Consequently, the Court reiterates to the
State its obligation to harmonize, within a reasonable time, said provision with the
international standards in this regard and with the Convention, in conformity with
what is established in this Judgment.
240. Finally, pursuant to that established in Chapter IX of this Judgment, Mrs.
Fernández Ortega did not have an appropriate and effective remedy to contest the
intervention of the military justice system (supra paras. 180 to 183). As a
consequence, Mexico must adopt, also within a reasonable time, the relevant
legislative reforms to allow those affected by the intervention of the military forum
to have available an effective remedy to contest its jurisdiction.
iii) Public act of acknowledgement of responsibility
241. The Commission asked the Court to order
acknowledge its responsibility for the harm caused.
the
State
to
publically
242.
The representatives also asked that an act should be held during which the
State would publically acknowledge its responsibility and the President of Mexico
would offer an apology for the violations committed. This act must be translated to
Me’paa language and held with “coverage by the principal state media.” In addition,
they asked that the act should be carried out in consideration of the cultural
context and according to criteria established by the authorities of the victim’s
community and in keeping with her wishes, and she should indicate the place
where the act should be held among other particularities. The representatives
emphasized that Mrs. Fernández Ortega and her family must have a central role in
the planification of the act.
243. The Court recalls that the State made a partial acknowledgement of its
international responsibility at the public hearing held in this case (supra paras. 16
and 18) and that, in her expert opinion provided before this Court, expert witness
Hernández Castillo indicated that, for the indigenous communities of Guerrero, it
was particularly important that the author of a wrongdoing acknowledge his action
publically. In particular, she noted that, in community justice proceedings before
the community authorities, acknowledgement is the first step in “healing” the
effects in the fabric of the community.248
244. The Court has determined that the State’s acknowledgement of partial
responsibility before the Court is a positive contribution to the development of
these proceedings and to the exercise of the principles that inspire the American
Convention (supra para. 25). However, as in other cases,249 for this
acknowledgement to achieve its full effect, the Court considers that the State must
organize a public act of acknowledgement of international responsibility in relation
to the facts of the present case. During this act, reference should be made to the
human rights violations declared in this Judgment. The act should be carried out in
a public ceremony, held in the Spanish and Me’paa languages, in the presence of
senior authorities of the Nation and of the state of Guerrero, the victims in this
case, and authorities/members of the victims’ community. The State, together with
248
Expert opinion rendered by expert Hernández Castillo during the public hearing, supra note
114.
249
Cf. Case of Kawas Fernández v. Honduras, supra note 91, para. 202; Case of Anzualdo Castro,
supra note 90, para. 200, and Case of González et al. (“Cotton Fields”), supra note 15, para. 469.
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