Enforcing Radilla-Pacheo v Mexico
Since early 2010, the Human Rights Centre Clinic has been involved in the
enforcement of the Inter-American Court of Human Rights' judgment in the case of
Radilla-Pacheco v Mexico. The case concerns the enforced disappearance of Mr.
Rosendo Radilla Pacheco which took place in the hands of Mexican authorities in
1974, during the so called 'Dirty War'.
It was decided by the Inter-American Court of Human Rights on 23 November
2009. In its judgement, the Court condemned Mexico for various breaches of the
American Convention of Human Rights with respect to the enforced disappearance
itself and also to the denial of due process and access to justice for the
victim and his family.
The state was sentenced to provide reparation to the family in the form of
pecuniary compensation, as well as to investigate, prosecute, and punish those
responsible. It was also ordered to amend its military and criminal code so as
to make them compatible with international human rights standards.
However, Mexico’s implementation of the Court’s orders was incomplete. The
Human Rights Centre Clinic has taken a special interest in this particular case
because Mrs Tita Radilla, daughter of Mr. Rosendo Radilla Pacheco, has
personally visited the University of Essex twice, in November 2009 and again in
November 2011, to give her personal account of the case to human rights
students.
Clinic activities
In May 2010, under the academic supervision of Professor Clara Sandoval, the
Clinic sent out letters to Mexican and British authorities urging the State of
Mexico to comply with the Court's decision and to provide the reparation
measures that were ordered. The letters were intended to demonstrate that
international stakeholders are following the implementation of the judgement.
Their receipt was acknowledged and they were made public through the Clinic
website.
More recently, in June 2012, and under the academic supervision of Diana
Guarnizo Peralta, these letters were reformulated and reiterated. With support
from the legal representative of Mrs Tita Radilla, Juan Carlos Gutierrez from
Mexican NGO CMDPDH ('Mexican Commission of Defense and Human Rights Promotion'),
a number of strategic letters were again sent out to influential Mexican and UK
authorities, including the President of Mexico himself and to UK
Parliamentarians involved in human rights issues.
The letters focused on different aspects of the judgement’s implementation
and issued specific calls for action and recommendations concerning Mexico’s
compliance. The Clinic received positive acknowledgement of their receipt and
was informed by the authorities that they would pursue compliance.
2011-12 team
- Diana Guarnizo Peralta, Academic Supervisor
- Gabriela Barros De Luca, Project Coordinator
- Michael Tamblyn, Research Volunteer
- Marianne Bertrand Lamour, Research Volunteer
- Erick Monterrosas, Research Volunteer
- Elena Soto Chico, Research Volunteer