VII.
RECOMMENDATIONS
133.
Based on the foregoing conclusions,
THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
RECOMMENDS THE MEXICAN STATE,
1.
Provide adequate reparation for the human rights violations declared in this report
for both material and moral damages.131
2.
Open an effective investigation within a reasonable period of time under the
ordinary criminal jurisdiction, in order to fully elucidate the facts, identify all potential liability and
impose the appropriate punishment for the human rights violations declared in this report. The State
may not oppose the application of the principle of ne bis in idem in order to comply with this
obligation, in light of the fact that the final decision in the domestic courts was the result of a trial
that violated the guarantee of a competent judge, independence, impartiality and the duty to
investigate with due diligence.
3.
Take the appropriate administrative, disciplinary or criminal measures with regard
to acts or omissions of state agents who contributed to the denial of justice and impunity in the
events of the case.
4.
Adopt measures of non repetition to include legislative, administrative and any
other type of measure for the purpose of: i) Limiting the use of the Armed Forces in duties of law
enforcement and citizen security to exceptional situations and ensuring strict compliance with
preventive measures of regulation, training, equipping, oversight of the use of force, in keeping with
the standards described in this report; and ii) Strengthening the institutions in charge of the
investigation and the judicial authorities in charge of prosecution and punishment of these types of
cases, in order to make sure that they perform their duties in strict compliance with the different
aspects comprising the duty of due diligence, in keeping with the standards described in this report.
131 The IACHR takes note that in September 2002, Mr. José Trueba Loera received from the Mexican State the sum of
$117,822.00 Mexican pesos “as moral and material reparation.” In this regard, in considering compliance, the Commission will assess its
connection to the totality of the facts and of the violations established in this report, and will assess whether or not it is suitable and
sufficient in light of Inter-American standards on the subject of full reparation, when the time comes to monitor compliance with its
recommendations. In this same vein, the Inter-American Court has held that “it [the State] may deduct the amounts that have been paid
for the violations established in this […] judgment, when paying the reparations ordered. At the stage of monitoring compliance with
judgment, the State must prove that, under this program, it has effectively paid the amounts established.” IA Court of HR. Case of Gudiel
Álvarez et al ("Diario Militar") v. Guatemala. Merits, Reparations and Costs. Judgment of November 20, 2012 Series C No. 253, par. 389.
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