231. As to the award of Mr. Tzomplaxtle, the Court grants a period of six months from the notification
of this judgment to inform on the program of studies of a Master’s degree that he wishes to follow.
Once this information is received, the State shall have a period of one year to provide this award.
C.4 Productive projects
232. The representatives claim that, due to the events in this case, the brothers Tzompaxtle
Tecpile and Gustavo Robles López, as well as their direct family members, “have had difficulty to
develop productive economic activities because of the resources spent in the defense of the victims
as well as because of the effects of stigmatization caused by the State’s false accusations and they
fear of again being subjected to arbitrary detention or to other human rights violations.” They alleged
that an “adequate measure of reparation would be a State grant of sufficient capital to begin [the
victims’] own productive projects.” They added that brothers Tzompaxtle Tecpile had presented a
proposal to produce cow milk that they asked to be considered under this measure of reparation. The
representatives added that “the amount that would be requested of the State for this project would
be MXN 434,100.” They also requested that an equal amount, in equity, be ordered so that Anacely
Martínez García and David Martínez García, heirs of Gustavo Robles López, could develop their own
productive project, in line with their own conditions and life plans.” The Commission did not
specifically refer to this measure.
233. For its part, the State reiterated its willingness “to continue to comply with its commitment
under the Memorandum of Understanding” and, therefore, it asked the representatives “to renew the
dialogue in order to analyze these proposals so as to propose a list of productive programs and projects
that the State offers so that it can make an assessment of the relevance and usefulness of those
projects and programs.”
234. With respect to this request, the Court notes that the Memorandum of Understanding
stipulates that “in order to complement the measures of compensation, the victims may consider
productive projects, through State programs, for which the State will provide a list of productive
programs and projects it offers so that an assessment can be made on the relevance and usefulness
of such projects and programs.”
235. The Court deems that, in accordance with the above, the State must provide the amount of
MXN 434,100 so that Jorge and Gerardo Tzomplaxtle can manage a productive project of their choice.
The State has a period of one year from the notification of this judgment to make that payment.
236. Under the terms of the Memorandum, the State is to place at the disposal of Anacely Martínez
García and David Martínez García the list of productive programs and projects that the State offers so
that they might evaluate the relevance and usefulness of those projects and programs. The State has
a period of three months from the notification of this judgment to implement this order. Once Anacely
Martínez García and David Martínez García identify a project that meets their needs, the State shall
finance that project up to an amount of MXN 232,500, which shall be paid within one year of
notification of this judgment.
D. Measures of rehabilitation 167
237. The representatives argued that the victims have suffered harm to their personal integrity
as a result of the events in this case and that this harm could be mitigated through adequate medical
and psychological care. They recalled that the Memorandum of Understanding contained a
commitment to provide adequate, preferential and free medical care, medicine and psychological care
at the three levels of care. They also recognized that the State “has already implemented measures
of that type in the present case” and, therefore, ask the Court “to order that medical care continue to
167
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.”
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