PBI Mexico: Interamerican Court of Human Rights finds Mexico guilty for the forced disappearance of Rosendo Radilla

Download a summary of the Radilla Sentence (PDF version)

On Tuesday December 15, 2009, the Inter-American Court of Human Rights (IAHRC) made public their finding against the Mexican State in the case of Rosendo Radilla, who was forcibly disappeared at a military checkpoint in Atoyac de Álvarez, Guerrero, in August 1974.

The IAHRC establishes the responsibility of the Mexican State for the violation of Mr Radilla’s rights to life, liberty and personal integrity, as well as the failure to recognize Mr Radilla’s legal rights. In a definitive and irreversible sentence, the IACHR orders the Mexican government to efficiently carry out, with all due diligence and within a reasonable time frame, an investigation into the case. It must continue to thoroughly search for and locate Mr Radilla or his mortal remains. Accordingly, the Mexican State should then determine the corresponding legal responsibilities.

The Court has also ruled that the Mexican State should compensate Mr Radilla’s family. In addition, the IACHR found that Mexico must adopt, within a reasonable time frame, the necessary legislative reforms that would harmonize Article 57 of the Military Justice Code with recognized international standards on the matter, and with the American Convention on Human Rights.

Tita Radilla Martínez, daughter of Mr Radilla who has been accompanied by PBI since 2003, recently returned to Mexico after participating in a PBI-organized tour of Spain, England and Germany in November this year. During her tour, Ms Radilla met with parliamentarians, lawyers, judges, journalists and academics, requesting close international attention to the Mexican State’s implementation of the IACHR’s sentence. PBI congratulates Ms Radilla on the court’s decision, and asks that the international community pay special attention to Mexico's compliance with the sentence.