93
regard to the facts of the present case, in order to determine the corresponding criminal
responsibilities and effectively apply the punishments and consequences established by law.
This obligation shall be complied with within a reasonable period of time, following the
criteria established regarding investigations in this type of cases (supra paras. 142 through
145).
332. Similarly, the State shall guarantee, through its competent institutions, that the
ongoing preliminary inquiry on the facts that constitute the forced disappearance of Mr.
Rosendo Radilla is kept before the ordinary jurisdiction. Whenever new criminal cases are
opened against alleged responsible parties who are or have been military officers, the
authorities in charge shall guarantee that they will be brought before the common or
ordinary jurisdiction and, under no circumstance, in the military or war courts. Additionally,
in order to comply with that ordered, the State shall guarantee that the future references
made to the facts of this case, will be in reference to the crime of forced disappearance. In
this sense, it is important to reiterate that since it is a crime of a permanent execution, that
is, whose consummation is prolonged in time, when it comes into force in the domestic
criminal law, if the criminal behavior continues, the new law is applicable (supra para. 239).
333. The Court considered as established that the forced disappearance of Mr. RadillaPacheco occurred within the framework of a context of forced disappearances of persons
(supra para. 132 through 137). In this sense, as it has done in other cases, it determined
that the authorities in charge of the investigations have the duty to guarantee that in the
course of the same the systematic patterns that allowed the commission of grave violations
of human rights in the present case and the context in which they occurred will be assessed
taking into account the complexity of this type of facts and of the structure in which the
persosn probably involved in the same are located, thus avoiding omission in the gathering
of the evidence and in the following of logical lines of investigation.316 (supra paras. 221
through 222)
334. Finally, the Court reiterates that during the investigation and the prosecution, the
State shall guarantee the victims full access and the capacity to act during all the stages
(supra para. 247). Additionally, the results of the proceedings shall be made public with the
objective of informing the Mexican society of the truth of the facts.317
C.
Measures of satisfaction and guarantees of non-repetition
C1.
Determination of the whereabouts of Rosendo Radilla-Pacheco
335. The Commission requested that the Court order the State to locate the whereabouts
of Mr. Radilla-Pacheco, or, in its defect, hand over his remains to his next of kin. The
representatives requested to the Court that the State comply with the aforementioned,
through the corresponding exhumations in presence of his next of kin, their experts, and
legal representatives. The State, on its part, informed that it has performed certain
diligences to determine the whereabouts of the victim or his remains (supra paras. 207
through 208).
316
Cf. Case of the Massacre of la Rochela v. Colombia, supra note 83, para. 157.
317
Cf. Case of the Carcazo v. Venezuela. Reparations and Costs. Judgment of August 29, 2002. Series C No.
95, para. 118; Case of Kawas Fernández v. Honduras, supra note 40, para. 194, and Case of Anzualdo Castro v.
Peru, supra note 44, para. 183.
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