14.
The Commission “recogniz[ed] the actions undertaken by the State in the search for
and locating of Mr. Radilla Pacheco or his mortal remains.” However, “it observe[d] that
[the State had not] reported on any other follow-up action.” Thus, it requested that the
Court require the State to “report on other measures undertaken, as well as the follow-up
and continuity it has given to those that have already been carried out.” Finally, the
Commission highlighted that it is necessary to prevent the occurrence of “undue delays in
the State’s compliance with this reparation measure.”
15.
The Court observes that the State has reported on excavations aimed at locating Mr.
Radilla Pacheco. However, these excavations took place ten months after notice of the
Judgment was served. However, from the information presented by the State (supra
Considering Clause 10), it is not possible for the Court to ascertain how the excavations
comply with the standards set out in the Judgment with respect to the elements that must
be considered in the investigation of facts such as those that occurred in this case, including
locating Mr. Radilla Pacheco. The Tribunal has not been informed of other investigations
that the State may have been carrying out to that end.
16.
Additionally, the Tribunal notes that the State has permitted Ms. Tita Radilla
Martínez’s participation, through her representatives and experts, in the aforementioned
excavations. However, the Court notes that the representatives affirm that they were
informed by a State agent that the excavations could not continue due to a lack of
resources and that the continuation of the excavations depended on the accreditation that
Ms. Radilla Martínez’s expert could provide for his expertise and on the representatives’
financing the cost of the expert's reports. The Court highlights that in the Judgment it
indicated that “for an investigation into a forced disappearance […] to be carried out
effectively and with due diligence, all means necessary must be used to promptly implement
all measures and inquiries that are timely and necessary to bring the victims’ fate to light
and identify those responsible for their disappearance, particularly the disappearance that
occurred in this case.” For this purpose, the State must provide the corresponding
authorities with the logistic and scientific resources necessary to collect and process
evidence and, in particular, the power to access relevant information and documents in
order to investigate the alleged facts and obtain clues or evidence of the location of the
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victims.” Consequently, the State and the representatives are asked to submit updated and
detailed information on this matter.
C.
Regarding the obligation 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 of the Judgment)
17.
The State indicated that “the federal executive organ submitted a reform initiative to
the Congress of the Union which includes the amendments ordered by the Inter-American
Court to Article 57 of the Code of Military Justice.” It affirmed that “the initiative proposes
the exclusion of the crimes of forced disappearance of persons, torture, and rape from
military jurisdiction so that they fall under [ordinary] jurisdiction.” The initiative also
“provides for the obligation of the Military Public Ministry to submit records of
investigations, from which it may be possible for the crimes to be inferred, to the Public
Ministry of the Federation,” and that “the measures that constitute the record shall not lose
their validity, even when if they were carried under [the Code of Military Justice] and
8
Case of Radilla Pacheco v. Mexico, supra note 5, para. 222.
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