4 Radilla-Pacheco and his “next of kin”. Likewise, the State acknowledged its responsibility for the violation of the rights enshrined in Articles 5 (Right to Humane Treatment) and 7 (Right to Personal Liberty) of the American Convention, in detriment of Mr. Radilla-Pacheco. Similarly, it accepted the alleged violation of Article 5 (Right to Humane Treatment) of the Convention, in detriment of “the next of kin” of Mr. Radilla-Pacheco. On the other hand, Mexico denied the violation of the rights acknowledged in Articles 3 (Right to Juridical Personality) in detriment of Rosendo Radilla-Pacheco, 5 (Right to Humane Treatment), in detriment of the community where Mr. Radilla-Pacheco lived; 13 (Freedom of Thought and Expression) in detriment of his next of kin; and 2 (Domestic Leal Effects), all of the American Convention. Finally, the State indicated it was willing to maintain the reparation proposal it had made in the proceedings before the Inter-American Commission. The State appointed Mrs. Mari Carmen Oñate Muñoz, Ambassador of Mexico in Costa Rica, as Agent in the present case; the appointment of Mrs. Zadalinda González y Reynero, Ambassador of Mexico before Costa Rica when the present Judgment was issued, later substituted this appointment. 7. On November 7th and 10, 2008 the Commission and the representatives presented, respectively, their written arguments to the preliminary objections filed by the State. II PROCEEDINGS BEFORE THE COURT 8. During the proceedings before this Court, the parties forwarded to the Court their main briefs (supra paras. 1, 4, and 6). The representatives and the Commission filed, respectively, the brief of arguments to the preliminary objections filed by the State (supra para. 7). Likewise, the President of the Court (hereinafter “the President”), ordered the receipt of statements offered before a notary public (affidavit) of two alleged victims, ten witnesses, and three experts offered by the Commission, the representatives, and the State, and regarding which the parties had the opportunity to present observations. Additionally, the President summoned the Commission, the representatives, and the State to a public hearing to hear the statements of two alleged victims, a witness, and an expert, as well as the final oral arguments of the parties on preliminary objections, and the potential merits, reparations, and costs. Finally, the President set August 14, 2009 as the parties’ deadline for the filing of their corresponding final written arguments.4 9. The public hearing was held on July 7, 2009 during the LXXXIII Regular Session of the Court, at the Tribunal’s headquarters in San Jose, Costa Rica.5 4 Cf. Case of Padilla Pacheco v. Mexico. Summons to Public Hearing. Order of the President of the InterAmerican Court of Human Rights of May 29, 2009, Operative paragraphs one through four. The following appeared at this hearing: a) for the Inter-American Commission: Florentín Meléndez, delegate and Juan Pablo Albán Alencastro and Lilly Ching Soto, advisors; b) for the representatives of the alleged victims: Juan Carlos Gutiérrez Contreras, Mario Alberto Solórzano Betancourt, María Sirvent Bravo-Ahuja, Humberto Guerrero Rosales, and Alejandra Gonza, advisor; and c) for the State: Fernando Gómez-Mont, Secretary of the Interior of Mexico; Daniel Francisco Cabeza de Vaca Hernández, Sub-secretary of Legal Issues and Human Rights of the Secretariat of the Interior; Juan Manuel Gómez-Robledo Verduzco, Sub-secretary of Multilateral Issues and Human Rights of the Foreign Affairs Secretariat; José Luis Chávez García, Attorney General of Military Justice of the National Defense Secretariat; Pablo Ojeda; Coordinator of Advisors of the Secretary of the Interior; María Carmen Oñate Muñoz, Ambassador of the Mexican Embassy in Costa Rica, Secretariat of Foreign Affairs; Alejandro Negrín Muñoz, General Human Rights and Democracy Director of the Secretariat of Foreign Affairs; Jaime Antonio López Portillo Robles Gil, Human Rights Director of the National Defense Secretariat; Ricardo Trejo Serrano, General Director of Criminal Procedures of the Attorney General of the Republic; Guillermo Leopoldo Mendoza Argüello, Representative of the 5th Section of the General Staff of the National Defense Secretariat; Francisca Méndez Escobar, Head of the State Department and In Charge of Economic, Political, Legal, and Press 5

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