106
4.
The State is responsible for the violation of the right to humane treatment
enshrined in Articles 5(1) and 5(2) of the American Convention on Human Rights, in
relation with Article 1(1) thereof, in detriment of Mrs. Tita and Andrea and Mr. Rosendo, all
of surnames Radilla Martínez, in the terms of paragraphs 160 through 172 of the present
Judgment.
5.
The State is responsible for the violation of the rights to a fair trial and judicial
protection, acknowledged in Articles 8(1) and 25(1) of the American Convention on Human
Rights, in relation with Articles 1(1) and 2 of the same and Articles I subparagraphs a), b),
and d), IX, and XIX of the Inter-American Convention on Forced Disappearance of Persons,
in detriment of Mrs. Tita and Andrea and Mr. Rosendo, all of surnames Radilla Martínez, in
the terms of paragraphs 173 through 314 of the present Judgment.
6.
The State failed to comply with the duty to adopt domestic legal effects established
in Article 2 of the American Convention on Human Rights, in relation with Articles I and III
of the Inter-American Convention on Forced Disappearance of Persons and regarding the
legal classification of the crime of forced disappearance of persons, in the terms of
paragraphs 315 through 324 of the present Judgment.
AND, STATES,
unanimously, that
7.
This judgment constitutes per se a form of reparation.
8.
The State shall effectively carry out, with the due diligence and within a reasonable
period of time, the investigation and, if it were the case, the criminal proceedings
established with regard to the arrest and subsequent forced disappearance of Mr. Rosendo
Radilla-Pacheco, in order to determine the corresponding criminal responsibilities and
effectively apply the punishments and consequences established by law, in the terms of
paragraphs 329 through 334 of the present Judgment.
9.
The State shall continue with the effective search for and the immediate location of
Mr. Rosendo Radilla-Pacheco or, in its case, of his remains, in the terms of paragraphs 335
through 336 of the present Judgment.
10.
The State shall adopt, within a reasonable period of time, the appropriate legislative
reforms in order to make Article 57 of the Code of Military Justice compatible with the
international standards in this subject and the American Convention on Human Rights, in
the terms of paragraphs 337 through 342 of the present Judgment.
11.
The State shall adopt, within a reasonable period of time, the appropriate legislative
reforms in order to make Article 215 A of the Federal Criminal Code compatible with the
international standards in this subject and the Inter-American Convention on Forced
Disappearance of Persons, in the terms of paragraphs 343 through 344 of the present
Judgment.
12.
The State shall implement, within a reasonable period of time and with the
corresponding budgetary disposition, programs or permanent courses regarding the
analysis of the jurisprudence of the Inter-American Human Rights Protection System in
reference to the limits of military criminal jurisdiction, as well as a training program on the
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