as “a procedure before a civil judge or public notary,” the deposit of the appropriate
amounts in “an account or deposit certificate in a solvent Mexican banking institution and in
the most favorable financial conditions permitted under Mexican law and banking practice,”
and even the option requested by the petitioners that "the compensations be deposited at
the Inter-American Court.” However, it indicated that the representatives have only
accepted “the compensation of one of the victims, Ms. Andrea Radilla Martínez, via
voluntary jurisdiction before a notary public.” According to the State, the other beneficiaries
of indemnifications have expressed their desire not to receive the amounts ordered in the
Judgment until progress is made in the ongoing criminal investigation into the forced
disappearance of Mr. Rosendo Radilla. Thus, the State noted that “with the purpose of
fulfilling this obligation, the funds will remain available at the Ministry of Interior until the
next of kin of the victims wish to receive it.”
51.
With respect to the indemnification for Mr. Rosendo Radilla Pacheco, the
representatives indicated that the forms of compliance offered by the State are
“unacceptable,” as they require the presentation of a “declaration of death” by a judge or a
death certificate, including the “new method of payment consisting of a voluntary
jurisdiction proceeding before a notary public in Mexico City.” In that regard, they stated
that “it is highly shameful to the family of Mr. Rosendo Radilla Pacheco to force them to
initiate the procedure of declaration of death, as they have taken all necessary actions to
achieve justice and learn of his whereabouts for over 35 years.” Thus, Tita and Rosendo
Radilla Martínez, Mr. Rosendo Radilla Pacheco's children, decided "not to accept, for the
moment, the compensation corresponding to [their father]," nor the compensation
"allocated directly to them." Finally, they requested, “as a preferred alternative to a deposit
in a Mexican financial institution,” that the amounts be deposited at the Inter-American
Court of Human Rights, as “this alternative would give greater confidence to the victims and
create less emotional distress.”
52.
The Commission noted that "the implementation of this reparation measure cannot
become a factor that re-victimizes Mr. Radilla Pacheco’s relatives […]." In this regard, it
indicated that the State must “provide special attention to the needs and desires of the
beneficiaries of reparations,” and it noted that the indemnification payment for Ms. Andrea
Radilla Martínez has been agreed upon. Finally, it emphasized that neither the State nor the
representatives had submitted information on the payment of costs and expenses.
53.
From the submissions of the representatives and the State, the Court observes that
there are two different controversies: one the one hand, that related to the payment of the
indemnification corresponding to Mr. Rosendo Radilla Pacheco, and on the other hand, that
related to the payment to other beneficiaries. The Court considers it appropriate to clarify
that the Judgment, in a general manner, established that the State must pay the
indemnifications directly to their beneficiaries within one year as of the date on which the
Judgment was served.
54.
With respect to the indemnifications corresponding to Mr. Radilla Pacheco, the Court
ordered in the Judgment that the compensation corresponding to Mr. Radilla Pacheco be
distributed equally among his heirs. In this regard, the Court considers that it is acceptable
that domestic procedures be used in order to achieve payment of the corresponding
indemnifications. However, these procedures cannot generate a disproportionate burden to
victims that unnecessarily impedes the implementation of this reparation measure in their
favor. Additionally, the Court notes that, in its Judgment, it did not provide for receiving
deposits for the payment of indemnification for Mr. Radilla Pacheco as a possibility.
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