71
vulnerability will be taken into account in the reparations awarded in this Judgment.
Furthermore, the Court finds that the obligation to repair in a case that involves victims
belonging to an indigenous community may call for measures that encompass the entire
community271 (infra para. 226).
A.
Injured party
207. Under Article 63(1) of the American Convention, anyone declared a victim of the
violation of any right embodied therein is considered an injured party. In the present
case, the victims are Mrs. Rosendo Cantú and her daughter, Yenys Bernardino Rosendo,
accordingly they will be considered beneficiaries of the reparations ordered by this Court.
B.
Measures
repetition
of
satisfaction,
rehabilitation,
and
guarantees
of
non-
i) Obligation to investigate the facts and to identify, prosecute, and eventually
punish those responsible
208. The Commission and the representatives substantially coincided in what regards
the obligation to investigate the facts, and where applicable, to punish those
responsible. In sum, they requested the Court to order the State to carry out an
investigation with due diligence, on the facts of the present case, so as to ascertain the
historical truth of what occurred, identify those responsible, and apply the appropriate
punishment. Moreover, they noted that the victim and her next of kin should have full
access and means to act in all the stages of the investigation according to domestic law
and the American Convention. In addition, they requested that security be guaranteed
to the victim, her next of kin, and the representatives in relation to the threats and
persecution experienced as a consequence of the search for justice.
209. The Commission added that the State must adopt all the legal and
administrative measures necessary in order to complete the investigation in the
ordinary forum, forwarding to it all of the prior antecedents of the military investigation.
Furthermore, it indicated that the State must investigate and punish all those
responsible for the obstruction of justice, cover-up, and impunity that have prevailed in
relation to this case.
210. The representatives added that the State must adopt affirmative measures that
guarantee access to justice of Mrs. Rosendo Cantú, taking into account the cultural,
social, economic, and other obstacles faced and offer the means to overcome them.
Finally, they also requested administrative sanction of the public agents responsible for
the irregularities verified in the investigation.
211. The Court has established in the present Judgment, bearing in mind the State’s
partial acknowledgement of responsibility, that the investigation of the rape of Mrs.
Rosendo Cantú was not conducted, to date, with due diligence or under the appropriate
jurisdiction, and consequently, that Mexico has violated the rights to judicial guarantees
and to judicial protection established in Articles 8 and 25 of the American Convention
(supra para. 162). Consequently, as it has done on other occasions,272 the Court finds
that the State must efficiently conduct the criminal investigation into the facts of this
case, in order to determine the corresponding criminal responsibilities and apply the
punishments and consequences established by law. This obligation must be complied
271
Cf. Aloeboetoe et al. v. Suriname. Reparations and costs. Judgment of September 10, 1993. Series C.
No. 15, paras. 96 and 97; Case of the Plan of Sánchez Massacre v. Guatemala. Reparations and Costs.
Judgment of November 19, 2004. Series C No. 116, para. 86, and Case of the Moiwana Community v.
Suriname. Preliminary Objections, Merits, Reparations, and Costs. Judgment of June 15, 2005. Series C No.
124, para. 194.
272
Cf. Velásquez Rodríguez, supra note 33, para. 174; Case of Chitay Nech et al., supra note 25, para.
235, and Case of Manuel Cepeda Vargas, supra note 25, para. 216.
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