from the notification of this judgment to comply with the obligation to hold an act of acknowledgement
of international responsibility.
C.3 Scholarships
227. The representatives claimed that “the violations suffered by the victims had the consequence
of limiting their possibilities and those of their direct family members of adequately continuing with
their professional formation.” They recalled that, nonetheless, “both Jorge Marcial Tzompaxtle Tecpile
and David Martínez García, son of Gustavo Robles López, have made grand efforts to enter the
university” and that, in doing so, “they have had to overcome an important series of obstacles arising
from the stigmatization of this case and the structural discrimination that confronts indigenous persons
in the Mexican educational system. These obstacles could be resolved to a great extent with the
granting of scholarships.” They also referred to the Memorandum of Understanding in which the State
committed to provide such educational benefits. The representatives indicated that in the case of
David Martínez García the scholarship was calculated at a total value of MXN 344,044.00
(approximately USD 16,800 at the current exchange rate). Nevertheless, they claimed that “to date
only MXN 57,340.80 have been paid.” They added that the scholarship for Jorge Marcial Tzompaxtle
Tecpile “has not been determined nor paid by the State.” The Commission did not refer specifically
to this measure.
228. The State indicated that, with regard to the scholarship of David Martínez García, a partial
payment was made because “the Rules of Operation of the Escrow Account for the Compliance with
the Human Rights Obligations” do not permit the payment in advance for the total of years of study,
but that the scholarship is paid in accordance with the school cycles.” While the State manifested its
will to continue to comply with its commitment under the Memorandum of Understanding, it requested
that the representatives offer proof of registration for the next school cycle in order to make the
corresponding payment. On the other hand, “”due to the limitations of the Rules of Operation and in
order to cover the school years that David Martínez García had already spent prior to the signing of
the Memorandum of Understanding, the State will analyze the possibility that, with the collaboration
with another mechanism, an additional USD 114,681.60 to that mentioned by the representatives be
covered.”
229. In the Memorandum of Understanding, the State committed to offer a scholarship to the son
of Gustavo Robles López, to be paid from the aforementioned Escrow Account in accordance with its
Rules of Operation, which would be done “through the Human Rights Unit of the Ministry of the
Interior.” The Memorandum stipulates that “an sub-account in his name will be created and annual
payments will be made once he has presented the documents that show his registration in the
following school cycle, until he concludes his university studies. The financial proposal that will be
presented to the Technical Committee of the Escrow Account consists in creating a sub-account in the
amount of MXN 344,044.80. The offer of a scholarship so that Jorge Marcial Tzompaxtle Tecpile might
begin to study for a Master’s degree is awaiting the reply of the pertinent authorities.”
230. The Court finds it necessary to order, in accordance with the agreement of the parties in the
Memorandum of Understanding, a scholarship for the son of Gustavo Robles López and another for
Jorge Marcial Tzompaxtle Tecpile for a Master’s degree. These scholarships will be governed under the
provisions of the Memorandum. The scholarship for the son of Gustavo Robles López will be
administered by the Unit for the Defense of Human Rights of the Ministry of the Interior, which will
provide a scholarship “to be paid by the Endowment in order to comply with the human rights
obligations and is to be based on the Endowment’s Rules of Operation.” In addition, “a sub-account
in his name will be created and annual payments will be made, once he has presented the documents
that show his registration in the following school cycle, until he concludes his university studies.” The
document mentions that the “financial proposal that will be presented to the Endowment’s Technical
Committee consists in creating a new sub-account in the amount of MXN 344,044.80.”
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