38.
The representatives stated that no agreement exists with respect to the “realization
of the act and the unveiling of the commemorative plaque.” They also expressed their
willingness to “maintain the channel of communication with the State open in order to come
to an agreement with respect to this point, considering the integrality of the […] document’s
contents.”
39.
The Commission did not submit observations regarding this point.
40.
The Tribunal reminds the parties that in its Judgment it ordered the way in which the
public act of acknowledgement of responsibility should be carried out, including
particularities such as that the place and date on which it is held should be agreed upon
22
with Mr. Radilla Pacheco's next of kin or their representatives. The Court also indicated
that the unveiling of the commemorative plaque could be carried out during the public act
23
or at a later time. The State has submitted information on the efforts made in order to
comply with this reparation measure. However, the Court does not have sufficient
information on the part of the representatives as to the aspects of the text proposed by the
State for the commemorative plaque text and the realization of the public act of
acknowledgment of responsibility with which they disagree. The Tribunal highlights that it is
necessary that all parties submit specific and detailed information so that the Court may
adequately evaluate advances in compliance with the reparation measures ordered.
41.
With respect to the representatives’ affirmation that the text of the plaque should
refer to the context in which Mr. Radilla Pacheco's forced disappearance took place, the
Court reminds the parties that the Judgment indicated that, “Mr. Radilla Pacheco's forced
disappearance c[ould] not be isolated from the circumstances in which they […] occurred,
and the corresponding legal consequences c[ould] not be determined in the vacuum created
24
by decontextualization.” Notwithstanding the agreements that the representatives and the
State may come to, the Court considers it important that the text of the plaque mention
that context. That said, with regard to the compliance periods of both reparation measures,
the Court considers that although the Judgment did not establish deadlines both should be
complied with as soon as possible, provided that the representatives and the State make
the necessary agreements, so that the reparation measure fulfills its purpose. The Tribunal
values that that the State initiated measures to carry out the act of acknowledgment of
responsibility and the unveiling of the plaque before the one-year deadline for the
submission of its report on compliance with the Judgment. Therefore, the Court urges the
representatives and the State to maintain communications going with the purpose of
complying with these reparation measures.
H.
Obligation to prepare a biographical sketch of the life of Mr. Rosendo Radilla
Pacheco (Operative Paragraph 15 of the Judgment)
42.
The State indicated that it had already received the representatives authorization for
the publication of the biographical sketch ordered by the Court, with an edition of 1000
copies, which, considering the representatives' requests, will include “the full text of the
book Voces Acalladas [Silenced Voices] written by Ms. Andrea Radilla,” as well as additional
22
Cf. Case of Radilla Pacheco v. Mexico, supra note 5, para. 353.
23
Cf. Case of Radilla Pacheco v. Mexico, supra note 5, para. 354.
24
Case of Radilla Pacheco v. Mexico, supra note 5, para. 116.
14