related to military discipline or to military legal interests, under the terms of
paragraph 206 of this Judgment.
9.
The State is not responsible for the violation of the right to defense,
enshrined in Article 8(2)(d) of the American Convention on Human Rights, to the
detriment of Messrs. Teodoro Cabrera García and Rodolfo Montiel Flores, under the
terms of paragraphs 154 to 162 of this Judgment.
10.
The State is not responsible for the violation of the principle of presumption
of innocence, enshrined in Article 8(2) of the American Convention on Human
Rights, to the detriment of Messrs. Teodoro Cabrera García and Rodolfo Montiel
Flores, under the terms of paragraphs 182 to 186 of this Judgment.
AND ORDERS,
Unanimously that:
11.
This Judgment constitutes per se a form of reparation.
12.
The State shall, within a reasonable period, conduct an effective criminal
investigation into the facts of this case, particularly into the alleged acts of torture
committed against Messrs. Cabrera and Montiel, to determine the corresponding
criminal liabilities and, if applicable, effectively apply the penalties and
consequences established by law; also, it shall impose the appropriate disciplinary,
administrative or criminal measures if the investigation into the aforementioned
facts reveals procedural or investigative irregularities in relation thereto, according
to paragraph 215 of this Judgment.
13.
The State shall, within the term of six months, issue the publications
ordered, under the terms of paragraph 217 of this Judgment.
14.
The State shall pay each of the victims once only, within a term of two
months, the amount specified in paragraph 221 of this Judgment, to cover
specialized medical and psychological treatment, as well as for medicines and other
related expenses.
15.
The State shall introduce, within a reasonable time, the appropriate
legislative reforms in order to bring Article 57 of the Code of Military Justice into
line with international standards on the matter and with the American Convention
on Human Rights, and adopt the pertinent legislative reforms so that individuals
subject to intervention by the military courts have an effective remedy to challenge
their jurisdiction, under the terms of paragraph 235 of this Judgment.
16.
The State shall adopt, within a reasonable period of time and within the
framework of existing register of detainees in Mexico, appropriate supplementary
measures in order to reinforce the operation and usefulness of said system,
according to the terms of paragraph 243 of this Judgment.
17.
The State shall continue to implement training programs and permanent
courses for the diligent investigation of cases of cruel, inhuman or degrading
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