Radilla Martínez, if they requested this, following a physical and psychological evaluation.32
Furthermore, it urged the State “based on its acknowledgement of international
responsibility in this case, […] to consider granting, in good faith, adequate reparation to
the other members of Rosendo Radilla Pacheco’s family, […] without them having to take
legal action […].”33
48.
In this regard, the Court observes that the State offered psychological care to those
declared victims in the Judgment and to other members of Rosendo Radilla Pacheco’s
family, through an institution specialized in attending victims of crime, pursuant to the
agreement reached with the representatives on May 23, 201234 (supra considering
paragraphs 44 and 45). The Court appreciates the initial agreement reached by the parties
and, particularly, the undertaking made by the State, in good faith, to provide psychological
and medical care and attention through the Procuraduría Social de Atención a las Víctimas
de Delitos (PROVÍCTIMA), not only to those declared victims in the Judgment, but also to
other next of kin who request this within the framework of this agreement.35 Nevertheless,
of those declared victims in the Judgment, only Tita Radilla Martínez “accepted” this
attention, because the representatives did not request the implementation of this measure
of reparation in favor of Rosendo Radilla Martínez under the said agreement, and Andrea
Radilla Martínez is deceased. In addition, the information provided by the State36 and the
representatives reveals that, subsequently, Rita Martínez refused to receive the required
treatment owing to her concerns about the aptness of the professionals of the said
institution (PROVÍCTIMA) to provide psychological attention to the next of kin of a person
forcibly disappeared. Consequently, the Court decides that the State must forward the
Court, together with its next report on compliance with the Judgment (infra operative
paragraph 3), the necessary documentation to prove the capacity of the said professionals
to attend this type of victim. In addition, the Court asks the representatives to advise
whether Rosendo Radilla Martínez has asked that the State provide him with psychological
and/or psychiatric attention.
G.
Obligation to pay the amounts established in the Judgment, as
compensation for pecuniary and non-pecuniary damage and to reimburse costs
and expenses, as applicable, within one year of notification of the Judgment
(seventeenth operative paragraph of the Judgment)
32
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 358.
33
Cf. Case of Radilla Pacheco v. Mexico. Preliminary objections, merits reparations and costs. Judgment of
November 23, 2009. Series C No. 209, para. 328.
34
Cf. Agreement dated May 23, 2012, signed by the Unit for the Promotion and Defense of Human Rights of
the Secretariat of the Interior and PROVÍCTIMA (file on monitoring compliance, tome IV, folios 2182 and 2183).
The Court notes that, in the note of PROVÍCTIMA of June 11, 2012, addressed to the Unit for the Promotion and
Defense of Human Rights of the Deputy Secretariat for Legal Affairs and Human Rights the State indicated that
“the psychological care ordered will continue to be provided until a psychological report is issued determining that
it is not necessary for them to continue receiving [the said] care […].” Cf. Annex 9 to the State’s brief of April 5,
2013 (file on monitoring compliance, tome V, folio 3373).
35
The documentation provided by the State includes two notes from PROVÍCTIMA addressed to the Unit for
the Promotion and Defense of Human Rights of the Deputy Secretariat for Legal Affairs and Human Rights, dated
February 28 and June 11, 2013, advising that psychological care had been provided to some of Mr. Radilla
Pacheco’s next of kin who were not declared victims in the Judgment. Cf. Annex 9 to the State’s brief of April 5,
2013 (file on monitoring compliance, tome V, folio 3366).
36
Cf. Annex 9 to the State’s brief of April 5, 2013 (file on monitoring compliance, tome V, folio 3366).
17