Mexican judges is “immediate” and “regardless of any legislative reforms that the
State should adopt” (Amendment to Article 57 of the Code of Military Justice). This
becomes more important when considering the text of Article 13 of the Mexican
Federal Constitution, 109 a provision that the Inter-American Court deemed
compliant with the Convention and, therefore, the interpretations of secondary
legislation must be compliant with the Constitution and the American
Convention: 110
In practical terms, as this Court has established, the interpretation of Article
13 of the Mexican Constitution must be consistent with the constitutional
and conventional principles of due process and access to justice contained in
Article 8(1) of the American Convention and the relevant provisions of the
Mexican Constitution. 111
78.
Furthermore, it also requires the Mexican judges to always carry out “diffuse
conventionality control”, not only for deciding in specific cases the criteria for the
material and personal jurisdiction of the military courts mentioned in the judgments
issued by the Inter-American Court, but in general in all matters within its
jurisdiction, where the Inter-American Court makes interpretations of the interAmerican corpus juris, given that this court is the final and definitive interpreter of
the Pact of San Jose (objective aspect of the interpreted provision). 112
79.
Indeed, as noted previously (supra paras. 51, 52, and 63), the InterAmerican Court’s jurisprudence has a “direct effect” on all States that have
expressly accepted its jurisdiction, regardless of whether it concerns a matter in
which they have not participated formally as a “material party.” This is due to the
effects of the interpreted conventional provision, which produces “spillover effects”
of conventional case-law and not only subjective efficacy for the protection of the
rights or liberties in a particular case submitted to its jurisdiction. In this sense,
conventional jurisprudence is not simply guidance, 113 but is also mandatory for
Mexican judges (in its subjective and objective dimensions) and its effectiveness
begins when international rulings are notified or transmitted to the Mexican State,
under the terms of Article 69 the American Convention on Human Rights and
regardless of the domestic procedure undertaken by the Mexican organs and
authorities to coordinate its implementation and enforcement, as well as other acts
carried out to make known and adopt the judgment and international
jurisprudence.
109
In this regard, the provision states: “Article 13. (…) the military jurisdiction subsists for crimes
against and violations of military discipline, but the military courts may not, in any case and for any
reason, extend their jurisdiction over persons outside the army. When a crime or lack of military law
involves a civilian, the competent civil authority shall hear the case.”
110
Case of Rosendo Cantú et al. v. Mexico, supra note 22, para. 218.
111
Cf. Case of Radilla Pacheco v. United Mexican States, supra note 19, para. 338.
112
See supra para. 63 and 75.
113
See the Thesis I.7o.C.51 K, of the Seventh Collegiate Tribunal on Civil Matters of the First
Circuit, whose rubric and test are:
“INTERNATIONAL JURISPRUDENCE: ITS GUIDANCE ON MATTERS OF HUMAN RIGHTS.
Once incorporated into the Supreme Law of the Union in the international treatises by Mexico,
in matters of human rights, and given the recognition of the contentious jurisdiction of the InterAmerican Court of Human Rights, it is possible to invoke the jurisprudence of said international tribunal
as guidance when interpreting and complying with the provisions of protection of the human rights.”
(Underlining added). Published in the Semanario Judicial de la Federación y su Gaceta, TCC, Tome
XXVIII, December 2008, p. 1052.
29
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