73
the Federal Code of Criminal Proceedings establishes that “[i]n all criminal proceedings, the
victim or the parties injured by any crime will have the right to: […] collaborate with the
Public Prosecutors’ Office.256” In this same line, Article 16 of the same code states that
“[o]nly the defendant, his defense attorney, and the victim or injured party and/or their
legal representative will have access to the case file of the preliminary inquiry […].”257
249. The Tribunal observes that, according to that stated by the representatives, and
according to what can be concluded by the few documents provided by them, Mrs. Tita
Radilla Martínez has had access to the case file of the preliminary inquiry in which the facts
of the present case are being investigated. Without detriment of the aforementioned, their
arguments seek to prove that she: 1) did not have access to the dossier of criminal case
46/2005 processed before the Second District Court in the State of Guerrero and 2) she has
not been issued copied of the preliminary inquiry that is being carried out by the Attorney
General of the Republic in this case, all this in violation of her right to “adequately exercise
collaboration.”
250. Regarding access to the dossier of criminal case 46/2005, the Court has verified that
Mrs. Radilla Martínez formally requested before the Second District Court in the State of
Guerrero her verification as collaborator in the same, as well as access to the dossier and
the decisions adopted by the Court.258 Before the apparent negative, Mrs. Radilla Martínez
filed a complaint before the National Human Rights Commission.259
251. The Court does not have the decisions through which the authorities of the
mentioned Court prevented Mrs. Tita Radilla Martínez or her legal representatives from
accessing the case file in question. However, it is reasonable to assume that they have not
provided them since they argue they did not have access to said case file. In that sense, the
Tribunal points out that the State did not contest those facts either.
252. In this regard, the Tribunal considers that access to the case file is a requirement sine
qua non of the victim’s procedural intervention in the proceedings in which it is constituted
as a collaborative party or plaintiff, pursuant with domestic legislation. Even though the
Court has considered it admissible that in certain cases there be reservation of the diligences
256
Cf. Federal Code of Criminal Procedures (dossier of appendixes to the respondent’s plea, appendix III(4),
page 27).
257
page 5).
Cf. Federal Code of Criminal Procedures (dossier of appendixes to the respondent’s plea, appendix III(4),
258
Cf. Complaint filed by Mrs. Tita Radilla Martínez through which she requested her accreditation as
collaborator in criminal case 46/2005 before the Second District Court in Acapulco de Juárez, uerrero, of
September 1, 2005 (dossier of appendixes to the brief of pleadings nd motions, appendix E(1), folio 1979); brief
filed by Mrs. Tita Radilla Martínez before the Second District Court in Acapulco de Juárez, Guerrero, through which
she requested the issuance of copies of all that acted in criminal case 46/2005, of September 1, 2005 (dossier of
appendixes to the brief of pleadings and motions, appendix E(2), folio 1981), and brief filed by Mrs. Tita Radilla
Martínez before the Attorney General of the Republic, Delegation of the State of Guerrero, through which she
requested her accreditation as collaborator in criminal case 46/2005 processed before the Second District Court in
Acapulco de Juárez, Guerrero, on September 1, 2005 (dossier of appendixes to the brief of pleadings and
arguments, appendix E(3), folios 1982 through 1983).
259
Cf. Complaint filed by Mrs. Tita Radilla Martínez before the National Human Rights Commission on August
31, 2005 (dossier of appendixes to the brief of pleadings and motions, appendix E(4), folios 1984 through 1985).
In it she stated that “[t]he fact that the authorities mentioned have illegally and illegitimately denied [her] access
to case file 46/2005, le[ft her] defenseless, since it [did] not allow [her] to know the grounds and reasons the
District Judge had to declare himself unfit and [that,] therefore violate[d her] right […] to appeal, through
adequate and effective legal means, the decision the affect[ed her] juridical interests.”
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