Amparo en Revisión 51/2020
Key Judgment
Legal Relevance
Keywords: Reparations | Right to Know the Truth | Effective Remedy
Themes: Search | Justice and Truth
The decision recognises the severity of enforced disappearance as a crime and a human rights violation for both the victims and their relatives, which therefore requires prevention. Further, on the right to truth, the amparo reiterated victims' right to be searched for using different approaches. Finally, it established criteria for the judicial actors responsible for amparo proceedings to meet the reduced standard of proof in the definition of enforced disappearances and determined that these authorities can impose reparation.
Judgment Date
August 10, 2022
Country
Mexico
Judicial Body
Mexico - Supreme Court
Facts of the Case
On 25 May 2007, Mr. Gabriel Alberto Cruz Sánchez and Mr. Edmundo Reyes Amaya, members of the "Partido Democrático Popular Revolucionario-Ejército Popular Revolucionario", were arrested and disappeared in the state of Oaxaca. The last known location of the detainees is "Military Camp 1". In 2016, relatives of the disappeared filed an "amparo" (appeal for legal protection) for enforced disappearance. The Court granted the amparo against several authorities, including the army, but the authorities filed an appeal for review. The Court to which the case was assigned sent the case file to the Supreme Court for resolution.