reimbursement of costs and expenses, where applicable, pursuant to Operative Paragraph
17 of the Judgment. Given that during the private hearing both the State and the
representatives requested that the Court issue a decision on this point, this Order shall only
address this measure of reparation. The Court shall also refer to the State’s request
concerning the obligation to investigate and determine the whereabouts of Mr. Rosendo
Radilla Pacheco.
I.
Obligation to pay the compensation awarded for pecuniary and nonpecuniary damages and the reimbursement of costs and expenses (Operative
paragraph 17 of the Judgment)
A.
Information submitted by the State
6.
The State reported that in compliance with the Judgment, and given the refusal by
Mrs. Tita and Mr. Rosendo Radilla Martínez to accept the amounts awarded to them as
compensation, the State proceeded to deposit all the amounts ordered in the Judgment as
compensation in favor of the four beneficiaries in the Banco de Ahorro Nacional y Servicios
Financieros, S.N.C. (BANSEFI), through the purchase of certificates of deposit, and that it
deposited the payment before the Tenth District Court for Civil Matters in the Federal
District. Likewise, the State indicated that on September 22, 2011 the executor of the
estate, Justino García Téllez, widower of Mrs. Andrea Radilla Martínez, went to the
aforementioned court to collect two checks for the amounts allocated to Andrea Radilla
Martínez, a victim in this case now deceased. Furthermore, the State mentioned that on
September 25, 2011 Mrs. Tita and Mr. Rosendo Radilla Martínez presented a brief to the
aforementioned court requesting that it issue the bills of deposit (checks) that were
deposited by the State. Mrs. Tita and Mr. Rosendo Radilla Martínez submitted the brief,
requesting payment of the amounts awarded in their favor by the Inter-American Court.
Also, on their own behalf and in representation of Rosa, Romana, Evelina, Ana María,
Agustina, Victoria, Judith, María del Pilar and María del Carmen, all with the surnames
Radilla Martínez, and of Justino García Téllez, as heir and executor of the intestate
succession of Andrea Radilla Martínez, they requested that the compensation awarded to
Mr. Rosendo Radilla Pacheco for pecuniary and non-pecuniary damages be handed over to
them. The District Court notified the State of this information, through the Ministry of the
Interior, on May 3, 2012, which, in turn, informed said court that the persons requesting
the handover of the checks deposited were authorized to receive and claim the payments.
7.
During the private hearing the State indicated that “since June 8 [2012] the judge
before whom the checks were deposited determined that the payment in favor of Tita and
Rosendo Radilla [Martínez] was in order [and that] in this regard [,] the checks are
available to be cashed by [those persons] on the court’s premises.” Similarly, during the
hearing, regarding the payment to the heirs of Mr. Rosendo Radilla Pacheco for pecuniary
and non-pecuniary damages, the State indicated that it “[considered] that said amount[s]
should be distributed in equal parts to the [heirs] of Mr. Radilla Pacheco,” and therefore
requested that the Court issue “a ruling so that the bill of deposit may be handed over to
one of the representatives for payment and subsequent equitable distribution among Mr.
Radilla Pacheco’s heirs, namely, his children Rosendo, Tita, Rosa, Romana, Evelina, Ana
María, Agustina, Victoria, Judith, María del Pilar and María del Carmen, all with the
surnames Radilla Martínez, as well as Justino García Téllez, as heir and executor of the
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