Radilla Pacheco v. Mexico
Deprivation of Liberty | Judicial Protection | Juridical Personality | Effective Remedy
The Court affirmed that the military authorities who detained Mr. Radilla Pacheco were responsible for his custody and for the protection of his rights. It recalled that bringing detainees before repressive official bodies, agents of the State, or private individuals who act with their acquiescence or tolerance and who practice torture and homicide represents, in itself, a breach of the duty to prevent violations of the rights to humane treatment and to life. This is so even if the acts of torture and or deprivation of life cannot be proven. The Court reiterated that the "historical truth" documented in the reports and recommendations of bodies such as the National Commission, does not fulfil or replace the State's obligation to also establish the truth regarding the case through judicial proceedings.
November 23, 2019
Article 1 [ACHR], Article 2 [ACHR], Article 3 [ACHR], Article 4(1) [ACHR], Article 5(1) [ACHR], Article 5(2) [ACHR], Article 7(1) [ACHR], Article 8(1) [ACHR], Article 25(1) [ACHR], Article 1 [IACFDP], Article 1(b) [IACFDP], Article 1(d) [IACFDP], Article 2 [IACFDP], Article 3 [IACFDP], Article 9 [IACFDP], Article 19 [IACFDP]
Facts of the Case
Mr. Rosendo Radilla Pacheco was a person involved in various activities in the political and social life of Atoyac de Álvarez, in Guerrero. On 25 August 1974 he was arrested by members of the Mexican Army while he was with his son on a bus. After his arrest, he was seen in the military barracks in Atoyac de Álvarez, with evidence of having been physically assaulted.