I. INTRODUCTION OF THE CASE AND CAUSE OF ACTION 1. The case submitted to the Court.- On April 28, 2018, in conformity with that set forth in Articles 51 and 61 of the American Convention and Article 35 of the Rules of Procedure of the Court, the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) submitted to the Court case No. 12,659 “Mirey Trueba Arciniega et al.” v. the United States of Mexico (hereinafter “the State” or “Mexico”). The Commission indicated that the case is related to the international responsibility of the State for the extrajudicial execution of Mirey Trueba Arciniega on August 22, 1998, by members of the armed forces, in the State of Chihuahua. The Commission claimed that this occurred in a context where the State had assigned the armed forces to perform duties of law enforcement, with the risks that this entailed and without the necessary preventive measures of regulation, training, equipping and oversight of the use of force to prevent the arbitrary violation of the right to life by those agents. In addition, the Commission determined that the young Mirey Trueba underwent extreme physical suffering incompatible with his personal integrity and that the State, through its agents, did not provide an immediate response, despite the seriousness of the situation, to seek medical attention as soon as possible. Furthermore, it indicated that the State violated the right to a fair trial and the right to judicial protection due to its use of a military court and the lack of due diligence in conducting the investigation. Lastly, the Commission determined that the State violated the right to personal integrity of the next of kin of Mirey Trueba. 2 2. Proceedings before the Commission. – The proceedings before the Commission were as follows: a. Petition.- On August 2, 2001, the Commission received a petition lodged by the Commission for Solidarity and the Defense of Human Rights (COSYDDHAC) and the Center for Justice and International Law (CEJIL) (hereinafter “the petitioners”). 3 b. Admissibility Report.- On July 24, 2008, the Commission issued Admissibility Report No. 48/08. 4 c. Report on the Merits.- On November 29, 2016, the Commission issued Report on Merits No. 47/16 (hereinafter “the Report on Merits” or “Report No. 47/16”) under the terms of Article 50 of the American Convention, where it reached a number of conclusions 5 and formulated a series of recommendations for Mexico. 6 2 The next of kin of Mirey Trueba that appear as alleged victims in the Report on Merits are: his father José Tomás Trueba, his mother Micaela Arciniega and his brothers Vidal (deceased), Elías, Tomás, Eleazar, Eduardo (deceased) and Samuel, all having the surname Trueba. 3 The Commission assigned No. 515-01 to the petition. 4 In said report, the Commission declared admissible the petition of “Mirey Trueba Arciniega et al.” regarding the alleged violation of the rights enshrined in Articles 2, 4, 5, 8 and 25 of the American Convention, in connection with Article 1(1) thereof. It declared that the State was responsible for: (i) violation of the right to life and humane treatment, established in Articles 4(1) and 5(1) of the American Convention, in connection with Article 1(1) and 2 of the same instrument, to the detriment of Mirey Trueba; (ii) violation of the right to a fair trial and judicial protection, as set forth in Article 8(1) and 25(1) of the American Convention, in connection with Article 1(1) and 2 of the same instrument, to the detriment of the next of kin of Mirey Trueba; and (iii) violation of the right to humane treatment, provided for in Article 5 of the American Convention, in connection with Article 1(1) of the same instrument, to the detriment of the next of kin of Mirey Trueba. 5 6 It recommended that the State: (1) Provide adequate reparation for the human rights violations declared in the Report on Merits for both material and moral damages; (2) Open an effective investigation within a reasonable 3