that reason, both a fair trial and access to judicial guarantees under the terms of
the American Convention were denied.
24.
The petitioners further request that the Mexican State adopt such
legislative or other measures as may be necessary to ensure effective observance
of the rights and freedoms enshrined in the Convention, in order to prevent any
authorities, including the military, from continuing to exceed their powers.
25.
Regarding the criminal justice system, the petitioners allege that it
guaranteed neither swift nor prompt justice inasmuch as the victims were denied
any possibility of knowing about the progress or outcome of the trial, given that
Mirey Trueba’s family was not informed of the status of the proceeding nor, in
spite of their efforts, was any contact made with them for a period of two years
and 11 months.
26.
The petitioners also hold that the State has denied them access to
justice since it expected the relatives themselves to advance the proceedings.
They say that the State expected them to become third-party plaintiffs in the
proceeding along with the Public Prosecution Service, which was their right, a
situation that apparently did not come about due to the 30 hours distance between
the very poor rural farming town where the family of Mirey Trueba live and the
nearest military judge. They say that, in spite of being financially and materially
unable to obtain access to justice, the relatives of Mirey Trueba decided to grant
power of attorney to COSYDHAC for the necessary purposes in the proceeding.
They claim that at one time the authorities reportedly accepted the intervention of
the representatives as both the Public Prosecution Service and the competent
military judge communicated with them in connection with information requested
on March 16, 1999. However, they report that when, on May 11, 2000, the
representatives requested information by means of a letter addressed to the
Military Prosecution Service, the latter replied that they should address their
request to the National Human Rights Commission, which agency had reportedly
declared on November 30, 1998 that it lacked jurisdiction in the case. With that,
according to the petitioners, Mirey Trueba’s next of kin were denied what little
participation they had enjoyed until then in the proceeding.
27.
The petitioners also express their willingness to submit to a future
friendly settlement agreement, which would include moral damages, a public
acknowledgement of the State’s responsibility, an effective and impartial
investigation of the incident, and guarantees of non-repetition; however, no such
agreement has yet materialized.5 They hold that although the alleged victim’s
father received an amount of money as compensation under the agreement he
signed with the authorities on September 17, 2002, the petitioners note their
5 Petitioners’ communication of December 10, 2002.
6