excavations at the ex-military barracks in Atoyac de Álvarez, Guerrero State.” Additionally,
the representatives stated that the Attorney General’s Office “has not addressed the last
proposals [they] made during the preliminary inquiry,” and “the Public Ministry has not
taken concrete actions demonstrating that investigations in the case are advancing
effectively.” Finally, the representatives indicated to the Tribunal that although they have
had full access to the preliminary inquiry’s files at the Attorney General’s Office, they have
been denied copies of those files, which “restricts [the] right to participate in the
investigation and violates […] the victims’’ right to access justice.” Additionally, the
representatives stated that “they were denied participation” in an ministerial inspection,
“which consisted of a search for registries in cemeteries in the area of unknown persons
that died in the 70's,” since authorization had not been granted to them.
9.
The Inter-American Commission affirmed that it “value[d] the [State’s] efforts to
reactivate the investigations of the case.” However, it observed that “no significant
advances had been verified [in those investigations] since the date that the [J]udgment was
issued.” For that reason, it indicated that “the State should carry out all efforts necessary to
act with due diligence and take relevant actions that will lead to effective compliance with
these aspects of the Judgment.” Finally, the Commission “showe[d] concern over the
information submitted by the representatives with respect to the State’s refusal to give
them copies of the investigations, given that this situation was evaluated by [the Court] in
its [J]udgment, in which it indicated that this [was] incompatible with their right to access
justice.”
10.
The Court observes that the State undertook measures in the aforementioned
preliminary inquiry, which is being carried out by civilian authorities, as ordered in the
Judgment. However, from the information presented by the State, it is not possible for the
Court to ascertain how the preliminary inquiry complies with the standards set out in the
Judgment with respect to the elements that must be considered in the investigation of facts
5
such as those that occurred in this case. The Tribunal reminds the parties that in this case,
the obligation to investigate entails not only the duty to search for Mr. Radilla Pacheco, but
also to undertake effective investigations with due diligence and in a reasonable time that
could lead to a determination of criminal responsibility and to the effective implementation
of any possible criminal punishments and other consequences provided for by the law. The
Court highlights that 37 years have passed since Mr. Radilla Pacheco disappeared at the
hands of State agents. Due to the foregoing, it is necessary that the State submit updated,
detailed, and complete information on all of the actions it is undertaking with respect to the
investigation into the facts of this case, in such a way that the Court may verify that the
investigations are being carried out in accordance with the purpose of this reparation
measure.
11.
Additionally, as to the State’s refusal to provide copies of the preliminary inquiry’s
files so indicated by the representatives (supra Considering Clause 8), this point was
specifically addressed by the Court in its Judgment, indicating that this refusal was
“incompatible with the right to participate in the preliminary inquiry[, which] translated into
a violation of Tita Radilla Martinez’s right to fully participate in the investigation.” The Court
held that “the victims in the present case must have the right to access the case file, as well
as to request and obtain copies of it, given that the information contained therein is not
subject to confidentiality” because it relates to grave human rights violations. Additionally,
with respect to the alleged denial of the representatives’ participation in an examination of
cemetery registries, the Court reminds the parties that in its Judgment it repeated that
5
Cf. Case of Radilla Pacheco V. Mexico. Preliminary Objections, Merits, Reparations and Costs. Judgment
of November 23, 2009. Series C No. 209, para. 206, 215 and 222.
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