paragraph 390 of the Judgment for the State proceed to comply with this measure of
reparation through a bank deposit in a Mexican financial institution, following the criteria
established in that paragraph, had been satisfied. Secondly, regarding the payment of the
rest of the indemnities, the Court did not authorize the State to proceed with the bank
deposit, but on the contrary, requested that the State provide further information on the
matters reported by the representatives in the sense that that the payment could not be
made through a voluntary jurisdiction proceeding before a notary public, as was asserted at
that time. The Court also required the representatives to provide specific and detailed
information on the reasons why they did not wish the payments to be made through a
deposit in a Mexican banking institution.
14.
Regarding the foregoing, the Court notes that the State proceeded to deposit,
without distinction, all the amounts ordered as compensation in a banking institution,
something that was not ordered by the Court, and that, in addition, the State deposited the
corresponding payments before a judge, which also was not authorized by the Court, under
the terms specified in the preceding paragraph. In the aforementioned Order of May 19,
2011, the Court made it clear that while it is acceptable to use domestic procedures to
ensure effective payment of the indemnities, such procedures cannot create a
disproportionate burden for the victims, which unnecessarily hinders compliance with this
measure of reparation in their favor.
15.
Nevertheless, regarding the compensation awarded directly to Tita, Rosendo and
Andrea Radilla Martínez, victims in this case, the Court takes into account the
representatives’ statement that, despite the deposit of the payment before the judge, Mrs.
Tita and Mr. Rosendo Radilla Martínez are in a position to petition the judge to request the
handover of the amounts deposited in their favor. In view of the representatives’
comments, the Court requests that these beneficiaries carry out the relevant procedures for
this purpose since, if for reasons not attributable to the State said amounts were not
received, the Court may consider this aspect of the reparation to have been fulfilled. In any
case, under the circumstances indicated, the Court cannot consider this point of the
reparation to have been fulfilled until such time as Tita and Rosendo Radilla Martínez
effectively receive the amounts awarded in their favor, under the terms indicated.
Moreover, regarding the specific status of the compensation to be paid to Andrea Radilla
Martínez, now deceased, this should follow the procedure ordered under domestic
legislation so that her heirs may receive the amount due. This is also contemplated in
paragraph 388 of the Judgment, as already noted. Once the heirs of Mrs. Andrea Radilla
Martínez receive the amounts due to them, the Court shall consider this reparation measure
to have been fulfilled.
16.
With regard to the deposit before a judge of the compensation awarded for the
pecuniary and non-pecuniary damages suffered by Mr. Rosendo Radilla Pacheco in favor of
his heirs, the Court considers, as was accepted by the State during the private hearing
(supra Considering paragraph 7), that the manner in which the State chose to comply with
this measure creates a disproportionate burden for the beneficiaries, which is unnecessarily
hindering compliance with this reparation measure. As is evident from the information
provided by the representatives, and from the documents contained in the case file, the
beneficiaries would need to obtain, among other things, a declaration of absence and, after
two years, a declaration of presumed death, and would also need to cover a number of
expenses for the processing thereof. In particular, the Court considers it unacceptable that,
in a case of a person’s forced disappearance, a declaration of presumed death should be
required so that the heirs may receive the compensation ordered by this Court. In
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