58.
The Court considers that this Order clarifies those issues over which there is
controversy regarding compliance with the Judgment. Therefore, the Tribunal does not
consider a hearing for monitoring compliance with this Judgment to be necessary at the
moment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercising its authority to monitor compliance with its decisions and in accordance with
Articles 33, 61(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights,
Article 25(1) and 30 of the Statue, and Article 31(2) and 69 of its Rules of Procedure,
DECLARES:
1.
In accordance with Considering Clause 19 of the present Order, the State has
complied with the following operative paragraph of the Judgment:
a)
To publish once in the Official Gazette of the Federation and in another widely
circulated newspaper paragraphs 1 through 7, 52 through 66, 114 through 358 of
the Judgment and its operative paragraphs, without the footnotes. Also, the State
shall publish this Judgment in its totality on the official website of the Attorney
General of the Republic in a six and two-month term, respectively, as of the
notification of the Judgment (Operative Paragraph 13 and Considering Clause 36).
2.
In accordance with the relevant Considering Clauses of this Order, the following
Operative Paragraphs of the Judgment are still pending fulfillment:
a)
The effectively carry out, with due diligence and within a reasonable time, the
investigation and, if applicable, the criminal proceedings established with regard to
the arrest and subsequent forced disappearance of Mr. Rosendo Radilla Pacheco in
order to determine the corresponding criminal responsibilities and effectively apply
the punishments and consequences established by law (Operative Paragraph 8 and
Considering Clause 10 and 11);
b)
To continue with the effective search for and the immediate location of Mr.
Radilla Pacheco or, if applicable, of his remains (Operative Paragraph 9 and
Considering Clauses 15 and 16 of the Judgment);
c)
To adopt appropriate legislative reforms in order to make Article 57 of the
Code of Military Justice compatible with both international standards on the subject
and the American Convention on Human Rights (Operative Paragraph 10 and
Considering Clauses 20 to 22);
d)
To adopt legislative reforms appropriate for the purpose of making article
215A of the Federal Criminal Code compatible with international standards on the
subject and with the Inter-American Convention on the Forced Disappearance of
Persons (Operative Paragraph 11 and Considering Clauses 27 and 28);
18