10
treaty. On the other hand, Mexico argued that the Court lacked jurisdiction to determine if
the reservation made to Article IX of the mentioned Convention26 was or not compatible
with international law, since the State had never invoked that reservation as justification for
the failure to comply with its international obligations and because it was not the object of
litis in the process before the Inter-American Commission. Finally, the State contested the
legal interest of the representatives in requesting the nullity of the mentioned reservation.
27. The Commission indicated that it had not invoked violations to the CIDFP, and
therefore it would not go on the record regarding this matter. On their part, the
representatives argued that the interpretative statement made by the State of Mexico did
not affect the Tribunal’s jurisdiction. Likewise, they held that both the CIDFP and the
reservation to its Article IX had formed part of the litis within the national and international
realm.
28.
Regarding the jurisdiction ratione temporis to hear of alleged violations to the CIDFP,
the Court observes that, upon ratifying said Convention on April 9, 2002, Mexico made the
following “interpretative statement”:
“Based on Article 14 of the Political Constitution of the United Mexican States, […] shall be
understood that the provisions of said Convention shall apply to acts constituting the forced
disappearance of persons ordered, executed, or committed after the entry into force of this
Convention.”
29.
In this sense, the Tribunal warns that Article 14 of the Political Constitution of
Mexico, referred to in the interpretative statement indicates, inter alia, that “[no] law will be
given a retroactive effect in detriment of any person whatsoever.” Based on the
aforementioned, the State adduced that “Mexico’s temporary limitation to the CIDFP is
admissible […] since the […] Court can hear of forced disappearances executed after April 9,
2002. […] Since the limitation of the State of Mexico to the instrument […] refers to facts
executed prior to April 9, 2002, the […] Court cannot hear of facts or acts that were
committed or executed prior to April 9, 2002, and whose effects were completed in that
act.”
30.
The “statement” made by Mexico allows the clarification of the sense or temporary
scope regarding the application of the CIDFP. Based on the current sense of its terms it can
be clearly concluded that the stipulations of the Convention are applicable to facts executed
or committed after it has gone into force. In light of Article 31 of the Vienna Convention,
this Tribunal has stated that the “current sense” of the terms cannot be a rule itself but it
must be included within the context and, especially, within the object and purpose of the
treaty.27 Likewise, the Tribunal has stated that the “current sense of the terms” shall be
26
Upon ratifying the ICFDP Mexico made the following reservation: “The Government of the United Mexican
States […] makes express reservation to Article IX, inasmuch as the Political Constitution recognizes military
jurisdiction when a member of the armed forces commits an illicit act while on duty. Military jurisdiction does not
constitute a special jurisdiction in the sense of the Convention given that according to Article 14 of the Mexican
Constitution nobody may be deprived of his life, liberty, property, possessions, or rights except as a result of a trial
before previously established courts in which due process is observed in accordance with laws promulgated prior to
the fact.“
27
Cf. Proposed Amendments of the Naturalization Provisions of the Constitution of Costa Rica. Advisory
Opinion OC-4/84 of January 19, 1984. Series A No. 4, para. 23; Compatibility of Draft Legislation with Article
8(2)(h) of the American Convention on Human Rights. Advisory Opinion OC-12/91 of December 6, 1991. Series A
No. 12, para. 21, and Article 55 of the American Convention on Human Rights. Advisory Opinion OC-20/09 of
September 29, 2009. Series A No. 20, para. 26.