Inter-American Court of Human Rights
Case of Castañeda Gutman v. México
Judgment of August 6, 2008
(Preliminary objections, merits, reparations and costs)
In the case of Castañeda Gutman
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the
Court”), composed of the following judges:*
Cecilia Medina Quiroga, President
Diego García-Sayán, Vice President
Manuel E. Ventura Robles, Judge
Leonardo A. Franco, Judge
Margarette May Macaulay, Judge
Rhadys Abreu Blondet, Judge, and
Claus Werner von Wobeser Hoepfner, Judge ad hoc
also present,
Pablo Saavedra Alessandri, Secretary, and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter “the Convention” or “the American Convention”) and Articles 29, 31, 53(2), 55,
56 and 58 of the Rules of Procedure of the Court (hereinafter “the Rules of Procedure”),
delivers the following judgment.
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On March 21, 2007, in accordance with Articles 51 and 61 of the American
Convention, the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) lodged before the Court an application
against the United Mexican States (hereinafter “the State” or “Mexico”), which originated in
the petition submitted on October 12, 2005, by Jorge Castañeda Gutman. On October 26,
2006, the Commission adopted Report on admissibility and merits No. 113/06, in the terms
of Article 50 of the Convention, which contained certain recommendations for the State.
This report was notified to the State on December 21, 2006, which was given two months to
report on the actions taken to implement the Commission’s recommendations. After
“considering the State’s [brief] on implementation of the recommendations contained in the
report on merits, and the failure to make any progress in complying with them,” the
*
On May 7, 2007, Judge Sergio García Ramírez, a Mexican national, recused himself from hearing this case
in the terms of Articles 19(2) of the Statute and 19 of the Rules of Procedure; the Court accepted his recusal.