Commission also advised the complainants to register as third-party plaintiffs with
the Public Prosecution Service in order to determine reparations for the damages
caused.13
40.
The State says that in order to identify viable alternatives for
resolving the matter and to create the conditions necessary for it to redress the
harm inflicted, an agreement was signed on September 17, 2002, by the victim’s
father, José Tomás Trueba, and the authorities.14 In that agreement the
Secretariat of National Defense states that Mirey Trueba Arciniega’s death was
probably caused by a soldier belonging to that same Secretariat and,
consequently, it compensated the family for the moral and material damages
inflicted in the amount of 117,822.00 Mexican pesos, and it further states that
José Tomás Trueba Loera accepted and received that amount as redress for the
moral and material damages.15 The agreement also stipulates that José Tomás
Trueba shall not pursue any present or future civil or administrative action. Thus,
the State claims that it thereby reached a settlement with the victim’s next-of-kin
and asks that the IACHR ratify the agreement since, in this case, it has been
shown that the incident was investigated and the perpetrator was tried and
punished.16
41.
The State claims it has met the obligation of ensuring the free and
full exercise of the rights enshrined the American Convention, per Article 1(1)
thereof, in that it has complied with its duty of prevention by enacting legal,
political, administrative, and cultural provisions that promote respect of the right
to life.17
IV.
ANALYSIS OF ADMISSIBILITY
A.
Competence of the Commission ratione personae, ratione loci,
ratione temporis and ratione materiae
42.
The petitioners have standing under Article 44 of the American
Convention to lodge petitions on behalf of the alleged victim, with respect to whom
the Mexican State had agreed to respect and ensure the rights enshrined in the
13 Communication of December 6, 2001.
14 Military Justice Maj. Francisco de Jesús Pérez Chávez, Agent of the Military Prosecution Service,
representing the State through the Secretariat of National Defense; José Tomás Trueba Loera,
father of Mirey Trueba Arciniega; Dover de Jesús Soto Rasco, attorney-at-law, who certified the
proceedings; Elias Trueba Arciniega and Micaela Arciniega Ceballos, civilian witnesses; Sgt.
Silvestre López Corral and Sgt. Lazado Hernández Guevara, military witnesses.
15 Communication from the State of October 25, 2002, received at the IACHR Executive
Secretariat on October 28, 2002.
16 Communication from the State of February 10, 2003, received at the IACHR Executive
Secretariat on February 11, 2003.
17 Communication from the State of March 17, 2005.
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