C.
Arguments of the Commission
10.
The Inter-American Commission assessed positively the information provided by the
State “with regard to the implementation of the act on November 17, 2011.” Nevertheless,
it observed with concern the failure of the representatives to take part in this public act of
acknowledgement of responsibility and, therefore, found that this “prevents considering that
this aspect of the judgment has been complied with.” Consequently, it asked the Court to
request information from the parties on the measures that could be adopted in the near
future to comply fully with this obligation.
D.
Considerations of the Court
11.
The information in the case file indicates that the representatives and the State
concur that they held several meetings in order to reach agreement on the details of the
public act of acknowledgement of responsibility and the unveiling of the plaque recalling the
forced disappearance of Rosendo Radilla Pacheco, both ordered in the judgment. Originally,
this public act was going to be held on November 14, 2011. To this end, the details of the
event had been approved by the representatives; however, they insisted that the Minister of
the Interior attend the said act. In this regard, in its judgment, the Court ordered that the
public act of acknowledgement of responsibility should be held, inter alia, in the presence of
senior national authorities and the next of kin of Mr. Radilla Pacheco.” Therefore, even
though the judgment did not specifically require the presence of the Mexican Minister of the
Interior, the Court takes note that, nevertheless, the State made a major effort, to ensure
that the said official could attend this public act. However, owing to his death, the act was
postponed. Finally, the public act to acknowledge responsibility and to unveil the plaque
took place on November 17, 2011, in Atoyac de Álvarez, Guerrero.
12.
The judgment also ordered that the “State and the next of kin of Mr. Radilla Pacheco
and/or their representatives reach agreement on how [the public act of acknowledgement of
responsibility] is held, as well as on its details, such as the place and date.” In this regard,
the information provided by the parties reveals that agreements already existed between
the representatives and the State regarding the program of the public act of
acknowledgement of responsibility, the place where it would be held, the text of the plaque
to be unveiled, the speech that the Minister of the Interior would give, and the paragraphs
of the judgment that would be read during the act. In this regard, the Court does not find
that the information presented by the representatives includes satisfactory reasons to
consider that Mr. Radilla Pacheco’s next of kin were faced with insurmountable obstacles to
attend the act held on November 17, 2011. Even though the representatives only received
one day’s notice of when it would be held, the level of the State officials whose presence
was confirmed, which included two State Ministers, at least one of them at the request of
the representatives themselves, and the fact that the essential aspects of the act had been
agreed previously with the representatives, merited the next of kin of Rosendo Radilla
Pacheco making an effort to attend the public act of acknowledgement of responsibility. In
addition, it is on record that the State offered them any assistance they required to be able
to attend.
13.
Based on the information submitted by the parties, together with the documentary
support provided, the Court finds that the State has complied with the fourteenth operative
paragraph of the judgment delivered in this case (supra having seen paragraph 1).
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