Radilla Pacheco v. Mexico
Key Judgment
Legal Relevance
Keywords: Juridical Personality | Effective Remedy | Deprivation of Liberty | Judicial Protection
Themes: Justice and Truth | Related Crimes | Prevention
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.
Judgment Date
November 23, 2019
Country
Mexico
Judicial Body
Inter-American Court of Human Rights
Articles violated
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.