observations; it puts an end to the dispute on the facts, rights and reparations; and its
contents are compatible with the goal and purpose of the Convention. Therefore, the
Agreement reached by the parties is sanctioned by means of this Judgment.
43.
The reparation measures agreed are included in the sanctioning of the friendly
settlement agreement. Without detriment to the above, the Court will analyze them in order
to determine their scope and execution in light of the criteria established in its case law and
in relation to the nature, purpose and goal of the obligation to provide comprehensive
reparation for the damages caused to the victims. 51 Thus, the reparation measures agreed
must be complied with under the terms of this Judgment, as indicated below.
VII.
REPARATIONS
(application of Article 63(1) of the American Convention)
44.
In the friendly settlement agreement, the State and the representatives decided on
the comprehensive reparation of the victims through a series of measures, on which they
requested the Court’s sanctioning and monitoring of compliance. The various reparation
measures decided by the parties in the friendly settlement agreement are detailed below. 52
A. Obligation to investigate
45.
In the Agreement, the State assumed the following obligation:
The [State] recognizes the victims’ rights to justice and to the truth. The parties note that
in conformity with the legal framework in effect at the time of the facts, Luis Raúl Morales
Rodríguez was convicted in the judgment of second instance to a sentence of one year,
eleven months and fifteen days of prison for the death of Mirey Trueba Arciniega.
In view of the foregoing, the State commits to perform a review of the criminal case in light
of the circumstances and the criteria of the time, considering the inter-American standards
and with the participation of the victims’ representatives. This review will be submitted to
the [Inter-American Court] within six (6) months from the signing of the [Agreement]. If
any irregularities are identified, the [State] will adopt the corresponding measures.
B. Measures of rehabilitation
46.
In the Agreement, the State assumed the following obligation:
B.1
Medical attention
The [State] will continue providing, permanently, the medical and psychological care
required by the victims, at specialized health institutions through the Popular Health
Insurance [Seguro Popular] provided, with the coordination of the Secretary of Health of
the State of Chihuahua, under the terms of the roadmap for comprehensive medical
51
Cf. Case of Velásquez Rodríguez. Reparations and Costs. Judgment of July 21, 1989. Series C No. 7, paras.
25-27; Case of Luna López v. Honduras. Merits, Reparations and Costs. Judgment of October 10, 2013. Series C No.
269, para. 214, and Case of Gómez Murillo et al. v. Costa Rica. Judgment of November 29, 2016. Series C No. 326,
para. 49.
Since it was thus agreed by the parties, the Court will not mention the amounts that the State committed
to pay to the next of kin of Mr. Trueba Arciniega as reparation.
52
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