Rosendo Radilla Case

Enforcement of judgement in Mexico

The Case

The case is about the enforced disappearance of Mr. Rosendo Radilla Pacheco which took place at the hands of the Mexican military in 1974 in the State of Guerrero, Mexico, and was decided by the Inter-American Court of Human Rights (the Court) on 23 November 2009. In its judgement (Radilla-Pacheco v. Mexico), the Court condemned the Mexican State for various breaches of the American Convention of Human Rights with respect to the enforced disappearance of Mr. Rosendo Radilla Pacheco and the denial of due process and access to justice for him and his family. Also very important was the recognition by the Court of the historical context, the so-called dirty war, in which this disappearance occurred, stating that it was not an isolated case. The Mexican State was therefore sentenced to provide reparation to the family in form of compensation, as well as to investigate, prosecute, and punish the persons responsible and to amend its military and criminal code so that they are compatible with international laws and standards.

As is common in many cases decided by regional courts, the States are usually willing to pay the victims monetary compensation but very reluctant to comply with any further reparation measures. Together with the partner organisations, the Essex HR Clinic thus aims to call for the fulfilment of all reparation measures in this case by sending letters to Mexican and British authorities. The Essex HR Clinic has a special interest in this particular case because Mrs. Tita Radilla Marta­nez, daughter of Mr. Rosendo Radilla Pacheco, visited the University of Essex in November 2009 and gave her account of the case.

Progress

The Essex HR Clinic has sent letters to Mexican and British authorities urging them to comply with the Courts decision and to provide the reparation measures as ordered. The letters serve to demonstrate to the authorities that international stakeholders are following the implementation of the judgement. Some authorities have already responded.

Partner Organisations

• The Association of Relatives of the Disappeared and Victims of Violations of Human Rights in Mexico (AFADEM)
• Peace Brigades International (PBI)
• Mexican Commission for the Defense and Promotion of Human Rights (CMDPDH)

Supervisor

Dr Clara Sandoval

Coordinator

Sandra Caluori

Links

• Judgement of the Inter-American Court of Human Rights: Case of Radilla-Pacheco v. Mexico, 23 November 2009, Series C No. 209
• General Information about the case: of Caso Rosendo Radilla-Pacheco

Documents

• Letter to the British Ambassador to Mexico (26/05/2010)
• Letter to the Foreign & Commonwealth Office Head of Section for Mexico, Central America, Cuba, Dominican Republic and Haiti (26/05/2010)
• Letter to the Mexican Home Secretary (26/05/2010)
• Letter to the Federal Prosecutor of Mexico (26/05/2010)
• Letter to the President of the National Human Rights Commission of Mexico (26/05/2010)
• Letter to the President of the Committee of Human Rights of the Mexican Senate (26/05/2010)
• Letter to the President of the Committee of National Defence of the Mexican Senate (26/05/2010)
• Letter to the President of the Committee of Justice of the Mexican Senate (26/05/2010)
• Letter to the President of the Committee of National Defence of the Mexican Congress (26/05/2010)
• Letter to the President of the Committee of Justice of the Mexican Congress (26/05/2010)
• Letter to the Mexican Ambassador to the UK (26/05/2010)
• Letter to the Labour MP for Islington North (26/05/2010)
• Letter to the Representative of the Office of the High Commissioner for Human Rights in Mexico (26/05/2010)