58.
For its part, the Commission stated that “[it] takes note of the efforts by the
State of Mexico to comply with this paragraph. Nevertheless, it observe[d] the absence
of precise information regarding the specific contents of the trainings, in light of the
orders of the Court[, since] [b]ased on the available information, it is not possible to
conclude that the trainings conducted up to this point are sufficient to satisfy this
measure of non-repetition, with the degree of specificity in its content as well as the
level of performance required to have the effect for which it was conceived.”
Considerations of the Court
59.
The Court established, in the Judgment, that the training programs and courses
should include, where pertinent, the study of the provisions contained in the Istanbul
Protocol. 26 Therefore, as it has done previously 27, the Court required the State to
continue implementing permanent training programs and courses on diligent
investigation in cases of cruel, inhumane or degrading treatment and torture.
Moreover, it indicated that such courses should be imparted to Federal officials and
Guerrero state officials, and particularly, to members of the Public Prosecutor’s Office,
the Judiciary, the Police and health sector personnel with competence in such cases
and whose functions require them to assist victims alleging violations of their personal
integrity. Furthermore, this Court considered it important to strengthen the State’s
institutional capabilities through training programs for the Mexican Armed Forces on
the principles and standards for the protection of human rights, including the
restrictions to which they are subject 28, in order to avoid the repetition of events
similar to those of this case. 29
60.
On the basis of the information offered by the State in the first and second
report of compliance with the Judgment, and despite the fact that the representatives
argued that they had not gotten a response to the “training proposal with guidelines
[they] consider[ed] necessary,” the Court notes that the State, through the various
federal and state authorities, has carried out numerous activities following the
notification of the Judgment to implement the orders of the Court with respect to the
establishment of educational programs directed at state officials with competence in
such cases and whose functions require them to assist victims alleging violations of
their personal integrity. The Court finds that the vast majority of the activities are
related to the reparation provided for in the Judgment. Consequently, the State has
complied with the present operative paragraph of the Judgment and is encouraged to
continue with these training processes.
26
Cf. Case of Cabrera García and Montiel Flores V. México. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 26, 2010. Series C No. 220, para. 245.
27
Cf. Case of González and others (“the Cotton Fields”) V. México. Preliminary Objection, Merits,
Reparations and Costs. Judgment of November 16, 2009. Series C No.205, para. 541, and Case of Rosendo
Cantú and others V. México, Preliminary Objection, Merits, Reparations and Costs. Judgment of August 31,
2010. Series C No. 216, paras. 245 and 246.
28
Cf. Case of Cabrera García and Montiel Flores V. México. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 26, 2010. Series C No. 220, para. 245.
29
Cf. Case of Cabrera García and Montiel Flores V. México. Preliminary Objection, Merits, Reparations
and Costs. Judgment of November 26, 2010. Series C No. 220, para. 245.
19