83
instant case, especially into the allegations of torture against Messrs. Cabrera and
Montiel, in order to determine the corresponding criminal responsibilities and, if it
were the case, effectively apply the punishments and consequences established by
law. This obligation shall be complied with within a reasonable period of time,
following the criteria established regarding investigations in this type of cases,324
which includes due diligence in the investigation into the different hypotheses of
the reasons that would have given rise to the attacks to humane treatment against
Messrs. Cabrera and Montiel. In this respect, the Court observes that the Istanbul
Protocol has been adopted in the domestic legislation (supra para. 119) and it is
important that those standards are used in order to strengthen the due diligence,
suitability and effectiveness of the respective investigation. Likewise, should the
procedural and investigative irregularities related to the facts are proven while
under investigation, it will be appropriate to adopt the pertinent disciplinary,
administrative or criminal actions.
C.
Measures of satisfaction, rehabilitation and guarantees of nonrepetition
C.1
Measures of satisfaction
i) Publication of the Judgment
216. The Commission requested the Court to order the State to publish this
Judgment in a communication media with national circulation. The representatives
indicated that such publication must be done “both in the Official Gazette of the
Federation as well as in two newspapers with the largest circulation in the country
chosen in common agreement with the victims.” Likewise, the representatives
requested that excerpts of the Judgment should be published in the “Official
Gazette of the [s]tate of Guerrero and in the dissemination media of the Public
Prosecutor’s Office, the Judiciary of the Federation, the Public Federal Defense
Office, the Secretariat for National Defense (SEDENA) and the Secretariat for the
Environment and Natural Resources (SEMARNAT).” On the other hand, “[i]n view
of the fact that the radio is more used in the state of Guerrero, the publication of
the Judgment should also me made [using] such media,” particularly to “cover the
municipalities of Petatlán and Coyuca de Catalán.”
217. As the Tribunal has ordered in other cases,325 the Court deems appropriate
to order the State, as a measure of satisfaction, to publish this Judgment, once, in
the Official Gazette of the Federation and in the Semanario Judicial de la
Federación [Judiciary Weekly Magazine] and its Gazette, with the corresponding
headings and subheadings, but without the footnotes, as well as the operative
paragraphs. Likewise, the State must: i) publish the official summary of the
Judgment issued by the Court in a newspaper with wide national circulation and in
a newspaper of a large circulation in the state of Guerrero; ii) fully publish this
Judgment326 in the official web site of the Federal State and of the state of
Guerrero, taking into account the characteristics of the publication ordered, which
324
Cf. Case of Radilla Pacheco v. Mexico, supra note 302, para. 331; Case of Fernandez Ortega et
al v. Mexico, supra note 39, para. 228; and Case of Rosendo Cantú et al v. Mexico, supra note 30, para.
211.
325
Cf. Case of Barrios Altos v. Perú. Reparations and Costs. Judgment of November 30, 2001.
Series C N° 87, Operative Paragraph 5.d); Case of Rosendo Cantu et al v. Mexico, supra note 30, para.
229; and Case of Ibsen Cárdenas and Ibsen Peña, supra note 30, para. 244.
326
Cf. Case of the Serrano Cruz Sisters v. El Salvador. Merits, Reparations and Costs. Judgment of
March 1, 2005. Series C No. 120, para. 195; Case of Rosendo Cantú et al v. Mexico, supra note 30,
para. 229; and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30, para. 244.
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