71. The obligation to investigate the facts, identify, prosecute and, if necessary, punish those
responsible, must be fulfilled within a reasonable period of time. In this case, the State failed to
discharge its obligation ex officio for approximately fourteen years (supra para. 49).
C)
Measure of restitution: expungement of criminal records
72. In the friendly settlement agreement, in the section on “Reparation for non-pecuniary
damage and measures of satisfaction,” the State “agree [d] to expunge any criminal records
existing against the victims in this case, whenever these refer to the facts that form the basis of
[the friendly settlement] Agreement.” The agreement also stipulated that this measure would be
coordinated by the Human Rights Defense Unit of the Interior Ministry and should be
implemented within one year of the notification of [this] Judgment.”
73. The Court recalls that the existing criminal records of the victims related to the facts of this
case are concerned as much with the criminal conviction for the crime of possessing firearms for
the exclusive use of the Army, the Navy and the Air Force, as with the conviction for the crimes
of homicide, injuries, violent robbery, organized crime and damage to property (supra paras. 40
to 42 and 46 to 48). It has been proven to this Court that this last judgment was revoked and
that Messrs. García Cruz and Sánchez Silvestre were acquitted of those crimes. Even though the
documents concerning the annulment of the criminal conviction for possession of firearms have
not been forwarded to this Court, the Court understands that the State’s commitment to expunge
any criminal records that may exist to the detriment of the victims for the facts in this case,
includes both criminal convictions for which this measure was approved under the terms agreed
by the parties. In line with its previous orders in this regard,93 the Court recalls that the
implementation of this measure implies that all legal, administrative, criminal and police records
that exist against Messrs. García Cruz and Sánchez Silvestre in relation to this case should be
eliminated.
D)
Measure of rehabilitation: medical and psychological care
74.
In the friendly settlement agreement, in the section on “Reparation for non-pecuniary
damages and compensation measures,” the State “agree [d] to grant the victims preferential and
free medical care through the Program of Free Access to Medical Services and Medicines for
Federal District Residents lacking Social Security Benefits provided by the Federal District’s
Department of Health.” It specified that this involves, “three levels of care under the
aforementioned Program, […], [the victims] having access to all interventions and care for
diseases and illnesses, including those of a psychological nature.” Furthermore, “they will have
access to the pharmaceutical services and products established in the social security medical
coverage.” The agreement also stated that “ [i]n the event that they should require medical
services that are provided at facilities outside their place of residence, they will have the right to
claim the respective travel and subsistence costs from the State.” “As to the third level of care,
appropriate specialized medical care will be provided through the National Health Institutes, the
Federal Referral Hospitals and the Regional High-Specialty Hospitals, as applicable.”
75.
Moreover, it was agreed that, “[if] the victims should move to another Mexican State,
medical care will be provided in the new place of residence through the Seguro Popular scheme,
or any related program offering the same level of care as established in the aforementioned
program.” It further provided that, “the Human Rights Defense Unit of the Interior Ministry and
93
Cf. Case of Cantoral Benavides v. Peru. Reparations and Costs, supra note 88, para. 78 and Case of Palamara
Iribarne v. Chile. Merits, Reparations and Costs. Judgment of November 22, 2005. Series C No. 135, para. 253.
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