reasons, it was decided that the date on which [the federal and state officials who had been
designated to attend the even] could agree was November 17, 2011.” The State indicated
that it “considered that it would have the comprehension and the presence of the victims
and their representatives” at the said act, because “they had been offered all the material
and any other type of assistance to take part in it, given the very high level of
representation of the State and that all the requests of the victims and their
representatives, without exception, had been satisfied.”
B.
Arguments of the representatives
8.
The representatives indicated that “the State held the public act of acknowledgement
ordered by the Court [complying] partially with the elements ordered in the judgment […],”
such as implementing it “in a public ceremony,” “in the presence of senior national
authorities,” and “to make reparation to Rosendo Radilla Pacheco, in the agreed place,
[with] speeches by the officials referring to the human rights violations declared in the
judgment […].” Nevertheless, they also indicated that Mexico had “not complied with […]
basic elements” required by the Court in this regard, because “it decided the date of the act
unilaterally”; namely, November 17, 2011, and because it was not held in the presence of
the next of kin of Mr. Radilla Pacheco. The representatives referred to several measures
taken by the State previously, in order to hold the public act of acknowledgement of
responsibility originally on November 14, 2011. In this regard, they stated that, owing to a
discrepancy regarding the Interior Minister’s assistance at the said act, which, according to
the representatives had been agreed to by the State, they “assumed that it had been
suspended on the day initially programmed,” and this was confirmed by the State following
the death, on November 11, 2011, of the officials who would have presided this event. The
representatives indicated that “discussions were resumed by the parties, and the
Government proposed, initially, to hold the act on November 25 or 18.” However, since
“Tita Radilla had commitments abroad during the week of November 25, that she had made
several months before and that, in addition, she would receive the Ponciano Arriaga Leija
Award from the Human Rights Commission of the Federal District on November 18 in
[Mexico City], the Government was asked to consider other dates.” In a letter of November
14, 2011, addressed to the State by the representatives, they also mentioned that
“following consultations with the Radilla family, they and their representatives, did not
agree that the event [be] held on [November 18, 2011, …] owing to the emotional stress
caused by the process [of preparation and cancellation of the public act of
acknowledgement of responsibility].”
9.
In addition, the representatives asserted that, even though the State had
undertaken to hold a meeting on November 18, 2011, to fix a new date for the public act by
mutual agreement, the representatives were notified at 2 p.m. on November 16, 2011, that
the said act would be held the following morning; and this is what happened, despite the
objections of the representatives. In this regard, they indicated that the assistance of the
next of kin of Rosendo Radilla Pacheco at the public act of acknowledgement of
responsibility would be “materially” impossible, because: (i) the members of the family had
scattered and faced “physical difficulty to regroup in less than 24 hours”; (ii) Tita Radilla
had scheduled a doctor’s appointment in Acapulco, […] which she could not cancel given her
actual state of health,” and (iii) there was a “real difficulty to ensure a timely invitation to
attend the act to all the organizations of victims, national and international human rights,
and civil society in general that had been invited by the Radilla family and their
representatives for the original date […].”
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