49.
The State indicated that it had deposited the amounts ordered in the Judgment in
the Banco del Ahorro Nacional y Servicios Financieros, S.N.C. (BANSEFI), and had reported
the payment before the Tenth District Civil Court in the Federal District. In this regard, it
advised that, “on September 22, 2011, C. Justino García Téllez, widower of Andrea Radilla
Martínez, and the executor of her will, went to the Court to collect two [cheques …] for the
amounts allocated” in the Judgment in favor of the latter, equivalent to US$40,000.00 and
US$325.00. Also, “in a decision of June 8, 2012, the judge [of the case …] decided the
admissibility of handing over the deposit slips corresponding to Tita [Radilla Martínez], for
pecuniary and non-pecuniary damage, and also costs and expenses, and to Rosendo Radilla
Martínez, for pecuniary and non-pecuniary damage.” In addition, “on July 19, 2012 [the
said] judge […] decided that the deposit slips in favor of Rosendo Radilla Pacheco should be
delivered to his heirs, through the person holding his power of attorney, Rosendo Radilla
Martínez.” According to the State, the corresponding deposit slips have already been
exchanged in BANSEFI. Consequently, it considered that this measure of reparation had
been accomplished.
50.
The victims and their representatives expressed their satisfaction for the fulfillment
of the payment of the compensation ordered by the Court. For its part, the Commission
“appreciate[d] the information presented by the State with regard to the payment of the
amounts established in the Judgment.”
51.
The Court understands that the information provided by the parties reveals that the
State has complied fully with this measure of reparation.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and pursuant to Articles
33, 621), 62(3) and 68(1) of the American Convention on Human Rights, 24 and 30 of the
Statute, and 31(2) and 69 of its Rules of Procedure,
DECIDES THAT:
1.
As indicated in the pertinent considering paragraphs of this Order, the State has
complied fully with its obligations:
a)
To implement, within a reasonable time and with the respective
budgetary allocation, permanent programs or courses analyzing the case law
of the inter-American system for the protection of human rights in relation to
the limits of the military criminal jurisdiction, as well as a training program on
the proper investigation and prosecution of acts that constitute forced
disappearance of persons, pursuant to the twelfth operative paragraph of the
Judgment.
b)
To produce a profile of the life of Rosendo Radilla Pacheco, pursuant to
the fifteenth operative paragraph of the Judgment.
c)
To pay the amounts established in paragraphs 365, 370, 375 and 385
of the Judgment as compensation for pecuniary and non-pecuniary damage
and to reimburse costs and expenses, as applicable, pursuant to the
seventeenth operative paragraph thereof.
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