to secure the minimum evidence needed to conduct an investigation. 10 It added that in such a
situation, procedural activity by the victims was indispensable for the State to act and set about
finding Mr. Radilla Pacheco’s whereabouts, and that the alleged victim’s relatives could have filed
an amparo suit with the federal judiciary. The State also notes that in spite of the time that had
gone by, the complaints they lodged were dealt with, but that the lack of evidence and clues
prevented the corresponding inquiries from making progress.
14. The State also notes that following the commitment of President Vicente Fox as set out in the
Agreement published in the Official Journal of the Federation on November 27, 2001, 11 several
judicial mechanisms were brought into place for crimes committed against individuals involved in
social and political movements of the past. To this end, on January 4, 2002, the Attorney General
of the Republic appointed the Special Prosecutor for Investigating Incidents Probably Constituting
Federal Crimes Committed Directly or Indirectly by Public Servants against Individuals with Ties to
Social or Political Movements of the Past. 12 The case of Mr. Radilla Pacheco is being studied by
that special prosecutor’s office, says the State, with a view toward taking the pertinent steps.
15. The State reiterates that it has pursued a range of measures to investigate the events of the
past, including the creation of the FEMOSSP and the opening up of official archives. Based on this,
it holds that the available domestic remedies must first be exhausted prior to involving this
international body and that, consequently, the instant petition should be dismissed.
IV.
ADMISSIBILITY
A.
Competence of the Commission ratione materiae, ratione personae, ratione loci,
and ratione temporis
16. According to Article 44 of the American Convention on Human Rights (hereinafter “American
Convention”), the petitioners in this matter are entitled to present the petition, which contains
allegations of incidents that presumably constitute violations of the human rights of an individual
subject to the jurisdiction of the State. Also, it must be pointed out that the rights to life, liberty,
personal security and integrity, as well as the right to justice, have been recognized and enshrined
in Articles I and XVIII of the American Declaration on the Rights and Duties of Man. The
Commission considers that between August 1974 and April 1982, the temporal competence of the
IACHR in this matter derives from the American; after that date, its competence is based on the
American Convention.13 The Inter-American Commission also has competence under the InterAmerican Convention on Forced Disappearance of Persons, in that the alleged incidents constitute
a situation of continuity that persists as of the date of this report. 14
17. In consideration of the foregoing and the contents of the case file, the Commission rules that
it has personal, material, and temporal competence to hear and to rule on the merits of this
petition.
B.
Other admissibility requirements
18. The Commission will now examine the admissibility requirements set out in Articles 46 and 47
of the American Convention.
10 Submission from the State, received April 15, 2002.
11 “In that Agreement the federal Attorney General of the Republic is requested to combine and discharge the investigations and
to pursue the preliminary inquiries begun as a result of complaints or disputes dealing with this matter.” Submission from the
State, received April 15, 2002.
12 Submission from the State, received April 15, 2002.
13 The American Convention came into force in Mexico on April 3, 1982
14 Mexico deposited its instrument of ratification of the Inter-American Convention on Forced Disappearances on April 9, 2002.
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