the Convention and the issuance of norms and the development of practices that lead to the effective
observance of such guarantees. 160
216.
With respect to the institution of arraigo as a pre-trial measure that restricts liberty in order
to investigate, the Court finds that it is incompatible with the Convention since the hypotheses that
underlie its inherent characteristics are not compatible with the rights to personal liberty and to the
presumption of innocence. Thus, the Court considers that the State must leave without effect, in its
legal order, the norms on arraigo as a pre-trial measure that restricts liberty in order to investigate.
217. With respect to pre-trial detention, the Court, as it has done in other cases, 161 orders that the
State adapt its legal order so that it is compatible with the Convention. To that effect, the State shall
take into consideration what has been indicated in paragraphs 96 to 114 of the judgment, which sets
out the requisites that measures of this nature must comply with so that they conform with the
Convention.
218. On the other hand, the derogation or adaptation of domestic law would not necessarily ensure
the rights contained in the Convention under the obligation contained in Article 2. There also has to
be a development of State practices conducive to the effective observation of the rights and liberties
established in the Convention. The mere existence of a norm does not ensure that its application is
adequate. The application of the norms or their interpretation, both in jurisdictional practice and in
the manifestation of State public order, must be adjusted to the same end that Article 2 pursues.
219. Therefore, domestic authorities, in applying arraigo or pre-trial detention, must exercise an
adequate control of conventionality so that they do not negatively affect the conventional rights of
persons being investigated or being tried for an offense. It bears repeating that when a State has
ratified an international treaty such as the American Convention, all of its organs, including its judges,
are subjected to it, which obligates them to ensure that the effect of the Convention is not diminished
by the application of norms contrary to the treaty’s object and purpose,. Therefore, within their
respective competences and the relevant procedural rules, the judges and bodies involved in the
administration of justice at all levels have the obligation to exercise ex officio a control of
conventionality between the domestic norms and the Convention and, in so doing, they must take
into account not only the treaty, but also its interpretation by the Court, which is the final interpreter
of the Convention.
C. Measures of satisfaction 162
C.1 Publication of the judgment
220. The representatives requested that the State be ordered to publish the complete official
summary of this judgment in the Official Gazette of the Diario Semanario Judicial (Weekly Legal Diary)
of the Federation and in its Gazette, as they are the main organs of dissemination of legal information
in Mexico. It also asked that the State be ordered to publish, once, the official summary of the Court’s
judgment in a newspaper of wide national circulation, in a legible and adequate font. Finally, they
requested that the full judgment be available for one year in an official Website of the Government of
Mexico. The Commission did not specifically refer to this measure.
Cf. Case of Durand and Ugarte. Merits. Judgment of August 16, 2000. Series C. No. 68, para. 137; Case of the “Juvenile
Reeducation Institute” v. Paraguay. Preliminary Objections, Merits, Reparations and Costs. Judgment of September 2, 2004.
Series C No. 112, para. 112 and Case of “The Last Temptation of Christ” (Olmedo Bustos et al.) v. Chile. Merits, Reparations and
Costs. Judgment of February 5, 2001. Series C No. 73, para. 85.
160
161
Cf. Case of the Former Employees of the Judiciary v. Guatemala. Preliminary Objections, Merits and Reparations.
Judgment of November 17, 2021. Series C No. 445, para. 144 and Case of the “Street Children” (Villagrán Morales et al.) v.
Guatemala. Reparations and Costs. Judgment of May 26, 2001. Series C No. 77, para. 98.
162
The Commission recommended that the State, in general terms, “fully repair Jorge Marcial Tzompaxtle Tecpile, Gerardo
Tzompaxtle Tecpile and the heirs of Gustavo Robles López, with measures of compensation and satisfaction that include
indemnification for the pecuniary and non-pecuniary damages caused.”
50