72
(e)
Right to participate in the criminal proceedings
246. The representatives argued that the Attorney General of the Republic has not
provided Mrs. Tita Radilla Martínez with copies of the case file of the preliminary inquiry
carried out with regard to the facts of this case, reason for which they stated that her
participation as a collaborator in the proceedings, as well as that of her legal representatives
“was limited.”250 In that same sense, they stated that the negative to issue copies of the
case file constituted a violation “to the right victims have to obtain all adequate means for
the preparation of their defense and to adequately exercise their right to collaboration,
violating Article 8(2)(c) of the American Convention.” On the other hand, the
representatives indicated that once the case had been brought before the Second District
Court in the State of Guerrero (supra para. 188), “[n]either the judicial officials nor the
Agent of the Public Prosecutors’ Office of the Federation attached to the Court, allowed them
to revise the actions within the criminal case, despite their nature of victim and claimant
[…],” in violation of the victims’ rights. The Commission did not present arguments
regarding this specific matter.
247. Pursuant with the right acknowledged in Article 8(1) of the American Convention, in
relation with Article 1(1) of the same, this Tribunal has established that the States have the
obligation to guarantee that, during all the stages of the corresponding proceedings, the
victims can present arguments, receive information, provide evidence, make allegations,
and, in synthesis, defend their interests.251 Said participation shall seek a fair trial, the
knowledge of the truth of what happened, and the granting of fair reparations.252 In that
sense, the Court has established that the domestic legislation shall organize the
corresponding process pursuant with the American Convention.253 The state’s obligation to
adjust domestic legislation to the conventional stipulations includes the constitutional text
and all the legal stipulations of a secondary or regulatory nature, in such a way that can be
translated into the effective practical application of the human rights protection
standards.254
248. In this regard, Article 20, section C, fraction II of the Political Constitution of the
United Mexican States is relevant; according to the same the “victim or [the] injured party
[has the right to c]ollaborate with the Public Prosecutors’ Office; to have received from
them all the data or evidentiary elements they have, both in the investigation and in the
proceedings, to have the corresponding diligences resolved, and to participate in the trial
and file the appeals in the terms established by law.255” Likewise, Article 141, fraction II, of
250
They indicated that during the processing of the integration of the inquiry in the Special Prosecutors’ Office
–FEMOSPP- “there was a contradicting change of attitude and criteria with regard to the granting of copies of the
diligences. At the beginning they were granted on several occasions, however, at the end their granting was
denied.”
251
Cf. Case of Baldeón García, supra note 51, para. 146; Case of Heliodoro Portugal v. Panama, supra note
24, para. 247, and Case of Anzualdo Castro v. Peru, supra note 44, para. 183.
252
Cf. Case of Valle Jaramillo v. Colombia, supra note 40, para. 233, and Case of Kawas Fernández v.
Honduras, supra note 40, para. 194.
253
Cf. Case of Valle Jaramillo v. Colombia, supra note 40, para. 233; Case of Heliodoro Portugal v. Panama,
supra note 24, para. 247, and Case of Kawas Fernández v. Honduras, supra note 40, para. 188.
254
Cf. Case of Zambrano Vélez et al. v. Ecuador. Monitoring of Compliance with Judgment. Order of the
Inter-American Court of Human Rights of September 21, 2009, Considering clause number forty-nine.
255
Cf. Political Constitution of the United Mexican States (dossier of appendixes to the respondent’s plea,
appendix III(6), page 14).
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