2.
It will maintain open the proceeding of monitoring compliance in relation to operative
paragraphs 8, 9, 10, 11 and 16 of the Judgment, regarding the obligations of the State:
a)
To conduct effectively, with due diligence and within a reasonable
time, the investigation and, as appropriate, the criminal proceedings that are
underway in relation to the detention and subsequent forced disappearance of
Rosendo Radilla Pacheco, in order to determine the corresponding criminal
responsibilities and to apply the punishments and consequences that the law
establishes;
b)
To continue with the genuine search and prompt discovery of Mr.
Radilla Pacheco or, if applicable, his mortal remains;
c)
To adopt, within a reasonable time, the pertinent legislative reforms to
make article 57 of the Code of Military Justice compatible with the relevant
international standards and with the American Convention on Human Rights;
d)
To adopt, within a reasonable time, the pertinent legislative reforms to
make article 215A of the Federal Criminal Code compatible with the relevant
international standards and with the Inter-American Convention on Forced
Disappearance of Persons, and
e)
To provide free psychological and/or psychiatric treatment
immediately, adequately and effectively, through its specialized public health
institutions, to those declared victims in the Judgment who request this.
3.
The United Mexican States must adopt all necessary measures to comply truly and
promptly with the aspects pending compliance indicated in the second operative paragraph
supra, in accordance with the provisions of Article 68(1) of the American Convention on
Human Rights.
4.
The United Mexican States must present to the Inter-American Court of Human
Rights, by September 7, 2013, at the latest, a report indicating all the measures adopted to
comply with the reparations ordered by this Court that remain pending, as indicated in
considering paragraphs 7 to 29 and 44 to 48, as well as in the second operative paragraph
of this Order. Subsequently, the State must continue reporting to the Court in this regard
every three months.
5.
The representatives of the victims and the Inter-American Commission on Human
Rights must present any observations they deem pertinent on the reports of the State
mentioned in the preceding operative paragraph within four and six weeks, respectively, of
receiving them.
6.
The Secretariat of the Court shall notify this Order to the United Mexican States, the
Inter-American Commission on Human Rights, and the representatives of the victims.
Diego García-Sayán
President
19