30 Court of H.R. and, therefore, the interpretations of secondary legislation must comply with the Constitution and the American Convention:111 In practical terms, the interpretation of Article 13 of the Political Constitution of Mexico shall be coherent with the conventional and constitutional principles of the due process of law and the right to a fair trial, included in Article 8(1) of the American Convention and the relevant regulations of the Mexican Constitution. 112 78. Moreover, it also implies an obligation of the Mexican judges to always carry out the "diffused control of conformity with the Convention" and not just for what it does for the determination in individual cases on the standards of subject matter jurisdiction and personal jurisdiction and military jurisdiction referred to in the judgments issued by the I/A Court of H.R., but in general in all matters within its jurisdiction where the Inter-American Court makes interpretations to the InterAmerican corpus juris, given that it is said Inter-American Court that is the last and final interpreter of the Pact of San Jose (objective dimension of the interpreted norm). 113 79. Indeed, as we noted at the time (supra paras. 51, 52, and 63), the jurisprudence of the I/A Court of H.R. takes on a “direct effect” on all nation States that have expressly recognized its jurisdiction, whether resulting from a case where they have not participated formally as a "material part." This was due to the effects of the interpreted treaty provision, which produces "spillover effects" of conventional law and not only subjective efficacy for the protection of law and liberty in a case submitted to its jurisdiction. In this sense, the conventional jurisprudence is not just guidance, 114 but it is mandatory for Mexican judges (in their subjective and objective dimension) and its effectiveness begins with the international rulings notified or forwarded to the Mexican state, in terms of Article 69 the American Convention on Human Rights and regardless of the domestic procedure carried out to allow the Mexican bodies and authorities to coordinate its implementation and enforcement, as well as other acts carried out to raise awareness and adopt the judgment and international jurisprudence. 80. The “diffused control of conformity with the Convention” initiated its implementation by some Mexican courts in the light of conventional jurisprudence. Indeed, the First Appellate Court on Administrative and Work Matters of the Eleventh Circuit, based in Morelia, Michoacan, upon deciding upon the direct amparo 1060/2008, on July 2, 2009 (months before the judgment of the Case of Radilla Pacheco), referring to the Case of Almonacid Arellano v. Chile (2006), considered the following: 111 Case of Rosendo Cantú et al. v. México, supra note 22, para. 218. 112 Cf. Case of Radilla Pacheco v. United Mexican States, supra note 19, para. 338. 113 See supra para. 63 and 75. 114 See the Thesis I.7o.C.51 K, of the Seventh Collegiate Tribunal on Civil Matters of the First Circuit, whose rubric and test are: “INTERNATIONAL JURISPRUDENCE. ITS GUIDING USE IN MATTERS OF HUMAN RIGHTS. Once incorporated int the Supreme Law of the Union in the international treatises by Mexico, in matters of human rights, and given the recognition of the contentious jurisdiction of the Inter-American Court of Human Rights, it is possible to invoke the jurisprudence of said international tribunal as guidance when interpretaing and complying with the provisions of protection of the human rights.” (Underlining added). Published in the Semanario Judicial de la Federación y su Gaceta, TCC, Tome XXVIII, December 2008, p. 1052.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents