4
this amendment refers to the right to judicial protection and not to political rights as the
State argues. It appreciated the explanations provided by the State on the tacit annulment
of the above-mentioned article 10(1)(a), but indicated that this norm must be amended
expressly using the corresponding legislative procedures, so that its current normative
content is clear. The Commission indicated that none of the cases mentioned by the State
were related to the factual presumption in question in the case before the Court. Lastly, it
underscored that the State had not clarified in any of its reports whether the limitation
established in article 10(1)(f) of the LGSMIME, “as a procedural requirement, applies only to
electoral matters.”
10.
Regarding monitoring compliance with judgment, Article 69(3) of the Rules of
Procedure5 establish that:
When it deems it appropriate, the Court may convene the State and the victims’ representatives
to a hearing in order to monitor compliance with its decisions; the Court shall hear the opinion of
the Commission at that hearing.
11.
The President notes that, according to the information provided by the State, it has
made several changes in its laws and jurisprudence, amending, adding to, and annulling
various provisions of the Organic Law of the Federal Judiciary and of the General Law on the
procedures for filing challenges concerning electoral matters. In addition, the State has
indicated that the amendment or annulment of certain provisions of the LGSMIME and the
Amparo Law cannot be inferred from the operative paragraphs of the Court’s judgment, or
that this reform has occurred tacitly. For their part, in their observations, both the
representatives and the Commission indicated that these amendments are not sufficient to
comply with what the Court ordered and that the said provisions must be amended or
annulled.
12.
Owing to the nature of the operative paragraph pending compliance, and the
information and arguments presented by the parties in this regard, the President finds it
appropriate to convene a private hearing so that the Inter-American Court may receive
complete and updated information from the State on compliance with this aspect of the
judgment on preliminary objections, merits, reparations and costs handed down in this
case, and receive the observations of the representatives of the victim, and the opinion of
the Inter-American Commission.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the Court’s authority to monitor compliance with its decisions, having
consulted with the other judges of the Court, and in accordance with Articles 68(1) of the
American Convention, and 15(1) and 69(3) of the Rules of Procedure of the Inter-American
Court of Human Rights,
DECIDES:
1.
To convene the United Mexican States, the representatives of the victim and the
Inter-American Commission on Human Rights to a private hearing to be held at the seat of
the Inter-American Court of Human Rights on February 20, 2012, at 3 p.m.
5
Approved by the Court at its eighty-fifth regular session held from November 16 to 28, 2009.