96
corresponding bill, but it shall guarantee its prompt sanction and entry into force, pursuant
with the procedures established in its domestic legal system in that sense.
C3.
Training legal agents and education in human rights
345. The representatives requested that this Tribunal order that the State train “[a]ll
public officials who in the normal development of their tasks are in contact with the next of
kin of victims of forced disappearance […] so they know how to deal with the considerations
necessary […]” with those people.
346. Given the specific circumstances of the present case, this Tribunal considers it
important to strengthen the institutional capacities of the State of Mexico, through the
training of public officials, in order to avoid facts as those analyzed in the present case from
happening again. With regard to the training in matters of the protection of human rights,
the Court, in it jurisprudence, has considered that this is one form of offering public officials
new knowledge, of developing their capacities, allowing their specialization in certain
innovative areas, preparing them to fill different positions and adapting their abilities in
order to offer a better performance in the tasks assigned.322
347. Similarly, this Tribunal has reiterated that the State’s obligation to adequately
investigate and punish, in its case, those responsible, shall be diligently complied with in
order to avoid impunity and the repetition of this type of facts. Therefore, the Courts orders
that, without detriment to the training programs for public officials in matters of human
rights that already exist in Mexico, the State shall implement, within a reasonable period of
time and with the corresponding budgetary stipulation:
a) Programs or permanent courses regarding the analysis of the jurisprudence of the
Inter-American Human Rights Protection System in reference to the limits of military
criminal jurisdiction, as well as the rights to judicial guarantees and judicial
protection, as a way of preventing that cases of violations of human rights be
investigated and prosecuted by that jurisdiction. Those programs will be addressed
to the members of all the Military’s Forces, including agents of the Public
Prosecutors’ Office and judges, as well as the agents of the public prosecutors’ office
of the Attorney General of the Republic and judges of the Judiciary of the Federation,
and
b) A training program on the due investigation and prosecution of facts that
constitute the forced disappearance of persons, addressed to agents of the Public
Prosecutors’ office of the Attorney General of the Republic and judges of the
Judiciary of the Federation, who have jurisdiction in the investigation and prosecution
of facts such as the ones that occurred in the present case, in order to provide those
officials with the legal, technical, and scientific elements necessary to
comprehensively evaluate the phenomenon of forced disappearance. Specifically, in
this type of cases the authorities in charge of the investigation shall be trained in the
use of circumstantial evidence, indicia, and presumptions, the assessment of the
systematic patterns that may lead to the facts under investigation and the location of
persons who have suffered a forced disappearance. (supra para. 206 and 222).
322
Cf. Case of Claude Reyes et al. v. Chile. Monitoring of Compliance with Judgment. Order of the InterAmerican Court of Human Rights of November 24, 2008, Considering clause number nineteen, and Case of Escher
et al. v. Brazil, supra note 64, para. 251.
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