55
Contrary to the decision of stay of proceedings of the appeal225 and the confirmation of
the military forum in the case, Mrs. Rosendo Cantu imposed a new remedy of amparo
[relief], opposing the Military Public Prosecutor’s Office from maintaining jurisdiction to
hear about the rape committed against her.226 This remedy was partially dismissed and
partially denied on the merits by the Fifth Judge of District “B” of Appeals on Criminal
Matters of the Federal District, who affirmed that “if in the case the present complainant
is the person offended by the crime, it is not legally possible to construct a realm of
jurisdiction to hear or investigate those unlawful facts to the civil authority, given that
the legislators purpose was not as such, rather only when the commission of the offense
involves civilians and soldiers, or only civilians who infringe upon military law, namely,
when the main perpetrator is a civilian or citizen, circumstances not evident in this case
given the complainants nature.”227 Likewise, the Judgment affirmed that “due to the
unfounded concepts of a violation [to the rights of Mrs. Rosendo Cantu], and given that
the deficiency of the correction of deficiencies in the complaint cannot be established, it
is appropriate to deny the amparo [relief].”228
166. From the aforementioned decisions, this Court concludes that Mrs. Rosendo Cantú
was unable to contest the military jurisdiction’s competence to hear matters that, by
their nature, should correspond to the authorities of the ordinary [non-military]
jurisdiction. In this regard, the Court has indicated that States have the obligation to
establish by law and ensure due application of effective remedies and guarantees of due
process before the competent authorities, in order to protect all those subject to its
jurisdiction against acts that violate their fundamental rights or that lead to the
determination of their rights and obligations.229 Hence, the Court has established that,
for the State to comply with the provisions of Article 25 of the Convention, the formal
existence of remedies is not sufficient; instead they must be effective in the terms of the
that precept.230 Said effectiveness means that these remedies provide results or answers
to the violations of recognized rights, be it in the Convention, or in the Constitution or in
the law.231 The Court has reiterated that this obligation implies that the remedy must be
appropriate to combat the violation and be applied effectively by the competent
authority.232
167. As indicated above (supra paras. 160), the Court emphasizes that the victim’s
participation in criminal proceedings is not limited merely to redresse the damage but,
above all, to make effective her rights to know the truth and to justice before the
competent judicial authorities. This necessarily implies that, at the domestic level,
225
Cf. Order No. AP-I-3577 of the Attorney General for Military Justice of January 20, 2003, supra note
170, folios 550 to 587
226
Cf. Petition for relief [Amparo] presented by Mrs. Rosendo Cantú on February 11, 2003, supra note
171, folios 11947 to 12007.
227
Cf. Judgment of Fifth Judge of District “B” in Criminal Matters in the Federal District, supra note 172,
folio 12433.
228
Cf. Judgment of Fifth Judge of District “B” in Criminal Matters in the Federal District, supra note 172,
folio 12437.
229
Cf. Case of the “Street Children” (Villagrán-Morales et al.) Merits, supra note 123, para. 79; Case of
Acevedo Buendía et al. (“Discharged and Retired Employees of the Office of the Comptroller”) v. Perú.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of July 1, 2009 Series C No. 198, para. 72,
and Case of Radilla Pacheco, supra note 36, para. 295.
230
Cf. Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and (8) American Convention on
Human Rights). Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 24; Case of Radillla
Pacheco, supra note 36, para. 296, and Case of Chitay Nech et al., supra note 25, para. 202.
231
Cf. Judicial Guarantees in States of Emergency (Arts. 27(2), 25 and (8) American Convention on
Human Rights). supra note 230, para. 23; Case of Usón Ramírez, supra note 216, para. 129, and Case of
Chitay Nech et al., supra note 25, para. 202.
232
Cf. Case of Maritza Urrutia v. Guatemala, supra note 125, para 117. Case of Radillla Pacheco, supra
note 36, para. 296, and Case of Chitay Nech et al., supra note 25, para. 202.
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