However, the Court highlights that the State proposed a method of payment in a Mexican
financial institution which conforms to the Judgment if it were necessary for the
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compensation to be paid in that manner. Considering that the deadline established in the
Judgment for compliance with this reparation measure in favor of Mr. Radilla Pacheco has
elapsed, the Tribunal requests that the State submit specific and detailed information on the
statements made by the representatives that payment may not be carried out through a
voluntary jurisdiction proceeding before a notary public. Likewise, the Court requests that
the representatives provide specific and detailed information as to the reasons why they do
not want payments to be made through a deposit in a Mexican banking institution.
55.
The Court notes that the State manifested that the representatives authorized the
compensation payment for Ms. Andrea Radilla Martínez, daughter of Rosendo Radilla
Pacheco, through voluntary jurisdiction before a public notary. Additionally, both the State
and the representatives indicated that Ms. Tita and Mr. Rosendo Radilla Martínez have not
accepted payment of their indemnifications. According to the State, this is because they
consider that there has been no progress in investigations. This statement was not denied
by the representatives. In this regard, the Court reiterates, first, that the Judgment
established a one-year deadline for the State's compliance with this reparation measure
and, second, that the Judgment did not condition the payment of indemnifications on the
progress of investigations into the facts of this case. The payment of indemnifications is an
autonomous obligation which is independent of other forms of reparations ordered from the
State. Therefore, given that the State indicated that it was able to make the payments
corresponding to Ms. Rita and Mr. Rosendo Radilla Martínez, among others, and given that
these beneficiaries do not wish to receive payment, the Court considers that the
requirements set out in paragraph 390 of the Judgment for the State to proceed, following
the criteria in that paragraph, with compliance with this reparation measure through a bank
deposit in a Mexican financial institution have been satisfied.
56.
Furthermore, the Court notes that neither the representatives nor the State have
submitted information concerning the payment of costs and expenses. The Court therefore
requests both parties to present relevant information to it.
K.
Request of the victims' representatives for a hearing to monitor compliance
57.
The representatives stated that in virtue of the “current contradictions between the
State and the representatives of the victims with regard to full compliance with the
Judgment,” and “with the purpose of requesting the Court to urge the United Mexican
States to effectively comply [therewith],” they requested that the Tribunal hold a “hearing
to monitor compliance with the [J]udgment at the next Regular Period of Sessions.”
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Cf. Case of Radilla Pacheco v. Mexico, supra note 5, para. 390. “If, for reasons attributable to the
beneficiaries of the compensations or their heirs, respectively, it were not possible for them to receive the amounts
within the indicated period, the State shall deposit those amounts in their favor in an account or a deposit
certificate in a Mexican financial institution, in United States dollars, and in the most favorable financial conditions
permitted by law and banking practices. If, after 10 years, the compensation has not been claimed, the amounts
shall revert to the State with the accrued interest.”
17