III.
JURISDICTION
8.
The Inter-American Court has jurisdiction to hear the instant case pursuant to Article
62(3) of the Convention because Mexico has been a State Party to the American Convention
since March 24, 1981, and it accepted the contentious jurisdiction of the Court on December
16, 1998.
IV.
FRIENDLY SETTLEMENT AGREEMENT
A. Friendly settlement agreement
9.
In the friendly settlement agreement (hereinafter “the Agreement”), the State
expressly recognized the proven facts of the Report on Merits, as well as its international
responsibility for the violation of the right to life and humane treatment (Articles 4(1) and
5(1) of the Convention in relation to Articles 1(1) and 2 of that instrument) to the detriment
of Mirey Trueba Arciniega, and for the violation of the right to a fair trial, judicial protection,
and humane treatment (Articles 8(1), 25(1) and 5 of the Convention in relation to Article 1(1)
thereof) to the detriment of the next of kin of Mirey Trueba Arciniega. 8
10.
The State: a) expressed its commitment to uphold, respect, promote and protect
human rights; b) confirmed its willingness to resolve the matter through a friendly settlement
and comply with the reparations established in the Agreement and in this Judgment at the
appropriate procedural time; c) expressed that the State’s authorities commit to comply with
the Agreement through a plan for dialogue with and the participation of the beneficiaries of
the case; and d) expressed that the Ministry of the Interior will coordinate the actions to
comply with the Agreement.
11.
The parties declared that: a) they opted to resolve the case through a friendly
settlement, as established in the Agreement, omitting the holding of a public hearing; b) they
request the Court to sanction the Agreement, determine its admissibility, and monitor it by
virtue of its authority to monitor compliance with judgments; and c) that the parties commit
to promoting compromises that adhere to inter-American standards, for which a plan has
been created. In this regard, the parties decided on a series of specific measures for the
comprehensive reparation of the victims (infra para. 44).
B. Observations of the representatives
12.
In their observations to the Agreement, the representatives of the alleged victims
confirmed that they subscribed said Agreement and, in conformity with Article 63 of the Rules
of Procedure, they requested the Court to rule on its admissibility, juridical effects and to
issue the corresponding sanctioning judgment.
8
In the Friendly settlement agreement, the parties recognized as victims the individuals listed by the
Commission in Report on Merits No. 47/16, namely: Micaela Arciniega, José Tomás Loera, Vidal Trueba Arciniega,
Elías Trueba Arciniega, Tomás Trueba Arciniega, Eleazar Heric Trueba Arciniega, Eduardo Trueba Molina and Samuel
Trueba Arciniega.
5