15
52.
In the response to the application, the State made a partial acknowledgment of its
international responsibility (supra para. 6), in the following terms:
• The State acknowledges “[i]ts international responsibility derived from the violation
of Articles 5, 7, as well as the partial non-compliance of the obligations derived from
Articles 8 and 25, all of the Convention, and in connection to 1(1) of the same
instrument in detriment of Mr. Rosendo Radilla-Pacheco,” and
• The State acknowledges “its international responsibility derived from the failure to
comply with Article 5, as well as the partial non-compliance of the obligations derived
from Articles 8 and 25, all of the Convention and in connection with 1(1) of the same
document, in detriment of the next of kin of Mr. Rosendo Radilla-Pacheco”.
53.
In that sense, it indicated that:
• “[s]ince the criminal justice system of Mexico sought and started a criminal
procedure against Mr. Francisco Quiroz Hermosillo, it is acknowledged that Mr.
Rosendo Radilla-Pacheco was illegally and arbitrarily deprived of his freedom by a
public official;”
•
“[t]he State […] incurred in an unjustified delay in the investigations into the
disappearance of Mr. Rosendo Radilla-Pacheco, the location of his remains, and the
identification of those probably responsible for the criminal facts.” Thus, “[i]n the
case sub judice the State of Mexico has not been able to guarantee the petitioners
that their right to a due process will be promptly guaranteed.”
•
“the State of Mexico is aware that the obligation to investigate and punish
facts that presumably violate human rights cannot be transferred to the petitioners,
but it is also important to point out that the investigation and punishment of those
facts becomes more difficult when they are not denounced in a timely manner.” This
“resulted in a serious delay in the elucidation of the facts of the case, since the
obtainment of evidence, both for the determination of the possible responsible
parties, as well as for the location of the remains of Mr. Rosendo Radilla-Pacheco,
becomes more complicated as time goes by.”
•
“[e]ven though the State admits the unjustified delay in this case, it also
requests that the […] Court especially take into consideration the complexity of the
present matter to determine the reasonability of the term for its resolution. The
Court itself has admitted the difficulty that the investigation of a case that occurred a
long time before the first cabinet complaints and even before non-jurisdictional
bodies were presented by the next of kin and the representatives of the alleged
victim implies.”
•
“[t]hus, it is said that there is a denial of justice, not due to the State’s
negligence or will to maintain impunity, but because it has not been possible to
locate the remains of Mr. Rosendo Radilla-Pacheco or establish his whereabouts. […]
It is undeniable that the unjustified delay in the investigations has caused detriment
to the next of kin of Mr. Rosendo Radilla-Pacheco, since they have not been able to
receive news about his whereabouts and fate. Additionally, the anguish characteristic
of human nature that results from not knowing the fate of a loved one, force an
acknowledgment of the State’s responsibility regarding that situation, in violation of
Article 5 of the American Convention on Human Rights.”
54.
On the other hand, the State contested the alleged impunity in the present case,
“since the investigation continues,” and because “there are enough elements to prove that
currently the authorities are exhausting all legal means within their reach to avoid [it].” The
State also indicated that the Court “shall declare itself incompetent to analyze the
circumstantial context […] in this case.” Finally, The State of Mexico denied its “international