representatives considered that this information puts the “Radilla family” at risk, since the
State of Guerrero “is extremely violent and unsafe and the Radilla family is not exempt from
that grave situation.” For this reason, they requested that the Court urge the State to
“abstain from issuing public reports on the process of compliance with the Judgment as
regards the payment of the financial compensation and [,] in particular [,] the amounts and
payment dates.” On the other hand, the representatives petitioned the Court to “[,] request
[that] the Mexican State reconsider the possibility of recognizing and extending the financial
compensation to all of Mr. Radilla Pacheco’s heirs in the adoption of the reparation
measures, as the Court indicated in its Judgment in this case.”
C.
Observations of the Inter-American Commission on Human Rights
11.
The Commission noted that significant progress has been made and that the
controversy regarding the mode of compliance with the compensation payments ordered in
the Judgment had been settled. The Commission also acknowledged “the fluid dialogue
which, according to the latest reports, has evidently taken place between the judicial
authority in charge of authorizing the payments, and the Ministry of the Interior,” and that
according to said information, most of the indemnities can now be paid. Nevertheless, it
noted that “the judge who would need to authorize this last compensation payment in favor
of Rosendo Radilla, had asked for additional information.” Furthermore, it endorsed the
request made by the State, and reiterated by the representatives, that the Court issue a
ruling on this point so that the payment of the compensation can be made effective.
D.
Considerations of the Court
12.
In order for the Court to properly assess the degree of compliance with the instant
reparation measure, it is necessary to recall that the Judgment ordered, on the one hand,
the payment of certain amounts for the pecuniary and non-pecuniary damages suffered by
Mr. Rosendo Radilla Pacheco. Pursuant to paragraph 387 of the Judgment, said amounts
were to be distributed, in equal parts, among his heirs. On the other hand, the Court also
ordered the payment of certain amounts for the non-pecuniary damage suffered by Tita,
Andrea and Rosendo Radilla Martínez, which, according to paragraph 386 of the Judgment,
were to be paid directly to these persons. Likewise, paragraph 388 of the Judgment
indicates that in the event that the beneficiaries, namely, Tita, Andrea and Rosendo Radilla
Martínez, should die before delivery of the corresponding compensations, these shall be
delivered directly to their successors, in accordance with the applicable domestic legislation.
Finally, the Court also ordered an amount for costs and expenses to be paid to Mrs. Tita
Radilla Martínez who, in turn, was required to pass this on to the relevant organizations,
pursuant to paragraphs 385 and 386 of the Judgment.
13.
In the instant Order it is evident that several assumptions have arisen, regarding
compliance with this measure of reparation, which should be addressed separately. In the
first place, the Court recalls that in the Order of May 19, 2011 in this case it was decided
that, given that the State had indicated that it was able to make the payments
corresponding to Tita and Rosendo Radilla Martínez, and given that these persons did not
wish to receive those payments, the Court considered that the requirements set out in
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