88
treaties ratified by Colombia,” it is understood that “the case law of the
international instances, in charge of interpreting those treaties, constitutes a
relevant interpretative criterion to establish the meaning of the constitutional rules
on fundamental rights.”341
233. Therefore, as it has been held in the cases of Radilla Pacheco, Fernández
Ortega and Rosendo Cantu, it is necessary that the constitutional and legislative
interpretations regarding the material and personal competence criteria of military
jurisdiction in Mexico be adjusted to the principles established in the jurisprudence
of this Tribunal, which have been reiterated in the present case342 and that are
applied to every human right violation allegedly committed by members of the
armed forces. This implies that, independently of the legislative reforms the State
shall adopt (infra para. 234), in the instant case, the judiciary authorities must,
based on the conventionality control, rule immediately and ex officio that the facts
be heard by a natural judge, that is, the common criminal jurisdiction.343
234. On the other hand, this Tribunal recalls that it has already considered in the
case of Radilla Pacheco, and reiterated in the case of Fernandez Ortega and
Rosendo Cantu, that it is not necessary to order the modification of the regulatory
content included in Article 13 of the Political Constitution of the United Mexican
States. Despite the aforementioned, the Court stated in Chapter IX of the present
Judgment that Article 57 of the Military Criminal Code is incompatible with the
American Convention (supra para. 206). Therefore, the Court repeats the State
that it has the obligation to adopt, within a reasonable period of time, the
appropriate legislative reforms in order to make the mentioned provision
compatible with the international standards of the field and of the American
Convention, pursuant to the terms established in this Judgment.344
235. Lastly, according to Chapter IX of this Judgment, Messrs. Cabrera and
Montiel did not have access to an adequate and effective remedy whereby it was
possible to challenge the intervention of the military jurisdiction in the proceedings
conducted for the alleged acts of torture committed against them (supra para.
204). In consequence, as it has been ordered in the cases of Fernández Ortega and
Rosendo Cantu, México must adopt, also within a reasonable period of time, the
corresponding legislative reforms to allow the individuals affected by the
intervention of the military jurisdiction to have access to an effective remedy to
challenge its competence.345
ii) Adapting the domestic law to the international standards regarding
torture
341
Judgment C-010/00 issued on January 19, 2000 by the Constitutional Court of Colombia, para.
6.
342
Cf. Case of Radilla Pacheco v. Mexico, supra note 302, para. 340; Case of Fernandez Ortega et
al. v. Mexico, supra note 39, para. 237; and Case of Rosendo Cantú et al v. Mexico, supra note 30,
para. 220.
343
Cf. Case of Fernandez Ortega et al. v. Mexico, supra note 39, para. 237; and Case of Rosendo
Cantú et al. v. Mexico, supra note 30, para. 220.
344
Cf. Case of Radilla Pacheco v. Mexico, supra note 302, para. 341 and 342; Case of Fernandez
Ortega et al v. Mexico, supra note 39, paras. 238 and 239; and Case of Rosendo Cantú et al v. Mexico,
supra note 30, paras. 221 and 222.
345
Cf. Case of Fernandez Ortega et al v. Mexico, supra note 39, para. 240; and Case of Rosendo
Cantú et al v. Mexico, supra note 30, para. 223.
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