5
10.
On the other hand, the President requested that the State, in attention to the
request made by the Commission in its application and the representatives in their brief of
pleadings and motions, forward a copy of Preliminary Inquiry SIEDF/CGI/454/2007 in
process before the Attorney General of the Republic in relation to the alleged forced
disappearance of Rosendo Radilla-Pacheco. Through the notes of April 17th, May 11th and
19th, June 4th, June 16th, July 2nd and September 30, 2009 the State referred to the request
made by the President and indicated, inter alia, that it was “[w]illing to present to the […
Court …] a copy of Preliminary Inquiry SIEDF/CGI/454/07 for its exclusive knowledge, in the
understanding that the other parties to the proceedings may not have access to [its]
content,” based on several of the stipulations of the Federal Criminal Law and the Federal
Law on Transparency and Access to Governmental Public Information. On May 26th, June
23rd, July 2nd, and October 8, 2009 the representatives forwarded their observations to the
State’s notes. The Commission referred to the matter in its brief of June 24, 2009.
11.
On August 14, 2009 the Inter-American Commission, the representatives, and the
State filed their final written arguments.
12.
On September 18, 2009 the President required that the State present evidence to
facilitate adjudication of the case, which was forwarded on October 8, 2009, within the
established time-period. Likewise, on October 26, 2009 the President of the Tribunal
requested that the parties present evidence to facilitate adjudication of the case, which was
forwarded by the State on November 2, 2009.
13.
Additionally, the Tribunal received 13 briefs in the quality of amicus curiae from
different people and institutions.6 Thus, on July 2, 2009 the Tribunal received from
International Amnesty a brief regarding the interpretative statements and reserves made by
Mexico to the American Convention and to the Inter-American Convention on Forced
Disappearance of Persons.7 On July 17, 2009 the Court received a brief from Mrs. María
Valdés Leal on “the lack of compatibility of the protection of freedom in Mexico with
international law.” On July 20, 2009 the Tribunal received a brief from Mr. Erik Nelson
Ramírez,, “member of the Masters’ studies in Constitutional Procedural Law of the
Panamerican University,” Mexico City Campus, regarding “[t]he unconstitutionality of
[m]ilitary [j]urisdiction in Mexico, when these are crimes in which civilians participate as
passive subjects or offended parties.”8 On July 20, 2009 the Court received a brief from the
Mexican Human Rights and Democracy Institute with considerations on the military criminal
jurisdiction in Mexico and the actions of the Mexican army in tasks of public safety.9 On July
22, 2009 the Court received a brief from Mrs. Victoria Livia Unzueta Reyes, through which
Issues, Mexican Embassy in Costa Rica, and José Ignacio Martín del Campo, Case Director of the Secretariat of
Foreign Affairs.
6
On June 23, 2009 “some graduate students of the Law School of the Universidad Nacional Autónoma de
México” presented to the Tribunal “a document […] in the quality of AMICI CURIAE.” However, the mentioned
document does not state the names and identification data of “the students” that present the brief, reason for
which, following the instructions of the President of the Tribunal, the sender was requested, pursuant with Article
27(1) of the Rules of Procedure of the Tribunal, to indicate the name, signature and identification information of
the people who signed the mentioned document. Said information was not received.
7
Martin Macpherson, Director of the International Law and Organizations Program of International
Amnesty, signed the brief.
8
The original brief was not received.
9
Rocío Culebra Bahena, Executive Director, signed the document.