222. The representatives held that Messrs. Cabrera and Montiel “are innocent” of
the charges for which they were convicted. Therefore, they asked the Court to
order the Mexican State “to take all necessary measures to immediately remove
the names of Messrs. Montiel and Cabrera from any criminal records as well as to
permanently eliminate any criminal record related to the facts reported in this
case.” The State pointed out that it was not appropriate to eliminate the criminal
record of the petitioners in this case, reiterating that no violations of the American
Convention have been committed and that their release was due to “humane
considerations and not to procedural errors.”
223. This Court has pointed out in other cases that it does not have competence
to establish the criminal liability of individuals, and that any decision on the guilt or
innocence of persons is a matter for the domestic criminal courts. 331 In light of the
foregoing, and based on the violations declared in this Judgment, this Court
considers that it is not possible to order a measure of reparation under the terms
requested.
C.3
Guarantees of Non-Repetition
i) Adapting domestic law to international standards of justice
224. The Commission asked the Court to order Mexico to limit the scope of its
military jurisdiction. The representatives requested that “the State […]be required
to amend Article 57 of the Code of Military Justice, in order to establish, in a clear,
precise and unambiguous manner, that military justice must abstain from
considering any human rights violations allegedly committed by members of the
Mexican armed forces, whether on active duty or not.” The representatives also
called for the establishment of an “effective remedy to challenge the decision to
transfer proceedings to the military jurisdiction.” Finally, based on the State’s
information regarding a proposal to amend Article 57 of the Code of Military
Justice, in compliance with the Court’s Judgment in the case of Radilla Pacheco, the
representatives pointed out that “the information issued by the Presidency
suggests that the proposed amendment [...] will not comply with [the terms
established in said Judgment]” and that, in any case, “the amendment […] has not
been adopted.”
225. In its case law, this Court has acknowledged that domestic authorities are
bound to respect the rule of law, and therefore, they are required to apply the
provisions in force within the legal system. 332 But when a State has ratified an
international treaty such as the American Convention, all its institutions, including
its judges, are also bound by such agreements, which requires them to ensure that
all the effects of the provisions embodied in the Convention are not impaired by the
enforcement of laws that are contrary to its purpose and end. The Judiciary, at all
levels, must exercise ex officio a form of “conventionality control” between
domestic legal provisions and the American Convention, obviously within the
framework of their respective competences and the corresponding procedural
regulations. In this task, the Judiciary must take into account not only the treaty
331
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra note 25, para. 134, Case of Lori
Berenson Mejía v. Peru. Merits, Reparations and Costs. Judgment of November 25, 2004. Series C N°
119, para. 92; Case of Barreto Leiva v. Venezuela, supra note 100, para. 24
332
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations and
Costs. Judgment of September 26, 2006. Series C No. 154, para. 124; Case of Rosendo Cantú et al. v.
Mexico, supra note 30, para. 219; and Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra note 30,
para. 202.
83
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