19
A.
Documentary, testimonial, and expert evidence
68.
The statements offered before a public notary (affidavit) by the following alleged
victims, witnesses, and experts were received:45
a) Andrea Radilla Martínez and Ana María Radilla Martínez. Alleged victims proposed
by the Inter-American Commission. They testified, among other aspects, on the
alleged forced disappearance of Mr. Rosendo Radilla-Pacheco, the steps taken to
locate his whereabouts, and the family situation after his alleged disappearance.
b) José Sotelo Marbán. Witness proposed by the Inter-American Commission. He
testified, among other aspects, on the investigations carried out by the Special
Prosecutors’ Office for Social and Political Movements of the Past regarding the
alleged forced disappearance of Mr. Rosendo Radilla-Pacheco.
c) Angelina Reyes Hernández, Tomasa Ríos García, and Jovita Ayala Fierro.
Witnesses proposed by the representatives. They testified, among other aspects,
on the alleged “systematic and generalized pattern of lack of fair trials and access
to the truth, and uncertainty and suffering in which the entire community of
disappeared family members of Atoyac were placed.”
d) Francisco Javier Aguilar Valdez. Specialist in Geophysics. Witness proposed by
the State. He testified, among other aspects, on the nature, handling, and
technical matters of the geo-radar operation, and regarding the scanning and
excavation diligences carried out in the present case.
e) Martha Patricia Valadez Sanabria. Agent of the Public Prosecutors’ Office of the
Federation. Witness proposed by the State. She testified, among other aspects,
on the state of the investigations that seek to locate the mortal remains of Mr.
Rosendo Radilla-Pacheco.
f) Santiago Corcuera Cabezut. Member of the United Nations’ Work Group on
Forced Disappearances. Expert proposed by the representatives. He offered his
expert opinion, among other aspects, on the international standards regarding
the crime of forced disappearance and its implementation within national
legislations.
g) Federico Andreu-Guzmán. Deputy General Secretary of the International
Commission of Jurists. Expert proposed by the representatives. He offered his
expert opinion, among other aspects, on the military jurisdiction of Mexico and
the international standards on protection of human rights.
h) Carlos Montemayor46. University professor and, among others, historian, author,
and specialized in social and political movements in Mexico. Expert proposed by
the Inter-American Commission. He offered his expert opinion, among other
aspects, on the historical context and the social and political movements in
Mexico during the so-called “dirty war” in Mexico; the alleged patterns of forced
disappearances and tortures and their alleged impunity during the sixties,
Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations, and Costs. Judgment of September 22, 2009.
Series C No. 202, para 29, and Case of Garibaldi v. Brazil, supra note 32, para. 53.
45
The Inter-American Commission did not present the statement of Mr. Enrique Hernández Girón. Likewise,
the representatives of the alleged victims did not present the statements of Messrs. Julián del Valle and Enrique
González Ruiz. On its part, the State did not present the statement of Mr. José Antonio Dávila Camacho.
46
On June 22, 2009, the representatives informed the Tribunal that Mr. Carlos Montemayor, “due to reasons
of force majeure could not go before the notary to ratify [his statement] however, [it was] signed on all its pages
and a copy of his voter credential was included, [reason for which] [t]hey consider[ed] it should be […]
admit[ted].”