74
allow those affected by the intervention of the military forum to have available an
effective remedy to contest its jurisdiction.
iii) Public act of acknowledgement of responsibility
224. The Commission asked the Court to order the State to publically acknowledge its
State responsibility for the harm caused.
225. The representatives also asked that an act should be held during which the State
would publically acknowledge its responsibility, in the Spanish and Me’paa languages,
with the intervention of high-ranking officials, and where the President of Mexico would
offer an apology for the violations committed. Said act must be “covered by the principle
media that reach the national and community sector,” and be held according to the
victim’s wishes and that she should indicate the place where the act should be held, as
well as other aspects related to the content and conditions in which the act will be
carried out. Lastly, they requested that, in the act, the reality of marginalization,
exclusion, and discrimination of indigenous peoples be acknowledged, with particular
emphasis made on the situation of indigenous women, as well the important labor of
human rights organizations.
226. The Court recalls that the State made a partial acknowledgement of its
international responsibility at the public hearing held in this case (supra para. 16). The
Court has determined that the State’s acknowledgement of responsibility makes a
positive contribution to the development of this proceedure and to validity of the
principles that inspire the American Convention (supra para. 25). However, as in other
cases,279 for this acknowledgement to achieve its full effect, the Court considers that the
State must organize a public act of acknowledgement of international responsibility in
relation to the facts of the present case. During this act, reference should be made to
the human rights violations declared in this Judgment. The act should be carried out in a
public ceremony, held in the Spanish and Me’paa languages, in the presence of highranking national authorities and of the state of Guerrero, the victims in this case, and
authorities and members of the victims’ community. The State, together with Mrs.
Rosendo Cantú, and/or her representatives, must agree on how the public act of
acknowledgement is to be organized, as well as other details, such as the place and
date. If Mrs. Rosendo Cantú agrees, this act should be broadcast by a radio station of
the state of Guerrero. The State has one year from the notification of this Judgment to
carry out said act.
iv) Publication of the Judgment
227. The Commission requested the Court to order the State to publish the Judgment
in a national means of circulation.
228. The representatives asked the Court to order the publication of the pertinent
parts of the Judgment, in the Spanish and the Me’paa languages, “in both radio
broadcast with statewide coverage as well as coverage in the community, on four
occasions […], and in a newspaper of national circulation and another in statewide
circulation, in the Official Gazette of the Federation and on the webpage of the National
Secretary of Defense.”
279
Cf. Case of Kawas Fernández v. Honduras, supra note 117, para. 202; Case of Anzualdo Castro, v.
Perú. Preliminary Objections, Merits, Reparations, and Costs. Judgment of September 22, 2009. Series C No.
202, para. 200, and Case of González et al. (“Cotton Fields”), supra note 21, para. 469.
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