51
the correct treatment. [… S]he remembers when they made the accusation at the [Attorney
General of the Republic], before the [Special] Prosecutors’ Office, the Public Prosecutor told a
friend, ‘hey lady wouldn’t it be easier for her to find a new husband instead of looking for this one’.
[…] They would ask people […] ‘¿did your relative hang around with Lucio Cabañas? […] you are
155
also responsible, because if your relative was in the armed movement, you are to blame’.
170.
In similar terms, Mrs. Andrea Radilla Martínez testified that:
She file[d] a criminal accusation in 1992 before the Public Prosecutors’ Office with the help of
representatives of the National Human Rights Commission, in a very tense environment because
she felt she was facing the dock because of the very unfriendly treatment of the Agent, and the
looks of his colleagues, all of which seemed to question [her] based on the stigma brought upon
156
her because she was the daughter of a detainee who disappeared during the dirty war.
171. Additionally, the Court observes that according to the report on the psychosocial
effects on the next of kin of Mr. Rosendo Radilla, his disappearance has had a traumatic and
differentiated impact on the family as a whole due to the forced restructuring of roles of
each one of its members with the evident effects on each of their life projects.157 Both Mr.
Rosendo Radilla Martínez158 and Mrs. Andrea Radilla Martínez offered statements in that
sense. The latter testified that:
[Her] life changed completely, from feeling protected, supported, and at peace, se went on to
feeling responsible for [her] mother and her responsibilities, [s]he fe[lt] interrogated, watched, and
159
that everybody turned their back on her, anguish went on to be [her] natural state.
172. Taking into account the aforementioned, this Tribunal concludes that the violation to
the right to humane treatment of the next of kin of Mr. Rosendo Radilla-Pacheco has
occurred based on the situations and circumstances lived by them during the disappearance
of the latter. These infringements, included comprehensively in the complexity of forced
disappearance (supra paras. 138 through 146), subsist while the factors of impunity that
were verified persist.160 Therefore, the State is responsible for the violation of the right to
humane treatment of Tita, Andrea, and Rosendo, all of surnames Radilla Martínez,
acknowledged in Article 5(1) and 5(2) of the Convention, in relation to Article 1(1) of the
same.
IX
REGARDING THE RIHT TO ACCESS JUSTICE
AND THE OBLIGATION TO CARRY OUT EFFECTIVE INVESTIGATIONS
155
Cf. Statement offered by Mrs. Tita Radilla Martínez during the public hearing held before the InterAmerican Court on July 7, 2009.
156
Cf. Statement offered by Mrs. Andrea Radilla Martínez before notary public (affidavit on June 10, 2009
(dossier on merits, volume IV, folio 1159).
157
Cf. Antillón Najlis, Ximena, Forced Disappearance during the dirty war: psychosocial effect on individuals,
the family, and the community. The forced disappearance of Rosendo Radilla-Pacheco in Atoyac de Álvarez,
Guerrero (dossier of appendixes to the brief of pleadings and motions, appendix K, folio 2270).
158
Cf. Statement offered by Mr. Rosendo Radilla Martínez during the public hearing held before the InterAmerican Court on July 7, 2009.
159
Cf. statement offered by Mrs. Andrea Radilla Martínez before notary public (affidavit) (dossier on merits,
volume IV, folio 1159).
160
Cf. Case of Goiburú et al. v. Paraguay, supra note 83, para. 103; Case of La Cantuta v. Peru, supra note
51, para. 126, and Case of Anzualdo Castro v. Peru, supra note 44, para. 114.
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