The case refers to the illegal and arbitrary detention in January 2006 of Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle Tecpile and Gustavo Robles López by police agents on a highway between the cities of Veracruz and Mexico City, as well as the application of the figure of the arraigo and the lack of judicial guarantees in the criminal process that was followed against him.
According to the Court, the victims were detained and searched by police agents without a court order and that it was not shown that it was possible to perceive a situation of flagrante delicto. Likewise, it considered that the retention was illegal and arbitrary.
The Court also indicated that “the subsequent requisition of the vehicle constituted an infringement of the right to private life, as well as that the victims were not informed of the reasons for their detention or that they were brought before a judicial authority without delay.”
On the other hand, it analyzed the figure of arraigo and its application to the instant case, “establishing that the application of the figure of arraigo constituted a measure of a punitive nature and not a precautionary one, indicating that said figure is contrary to the American Convention and, in this case constituted an arbitrary detention.”
In this regard, the Ministry of Foreign Affairs (SRE) reported that this Friday the Government of Mexico was notified of the ruling on preliminary objections, merits, reparations and costs, issued by the Court in relation to the Tzompaxtle Tecpile et al. case against Mexico.
The authority explained that at the hearing convened online by the Court to notify the sentence, representatives of the SRE, the Ministry of the Interior, the Legal Counsel of the Federal Executive, the Attorney General of the Republic, and the Council of the Judiciary were present. Federal.
“The sentence resumed the acknowledgment of international responsibility made by the Mexican State, on June 23, 2022, in the framework of the public hearing of the case, for the violation of the rights to personal integrity; to personal freedom; to judicial guarantees; to the private life and judicial protection contemplated in the American Convention on Human Rights to the detriment of Jorge Marcial Tzompaxtle Tecpile, Gerardo Tzompaxtle Tecpile and Gustavo Robles López,” the SRE said in a statement.
“Likewise, the I/A Court HR took into consideration the Memorandum of Understanding for the Search for an Agreement to Comply with the Merits Report signed between the representatives and the State, and the reparation measures that have been implemented based on it,” it added.
The Government of Mexico reported that it will carefully analyze the resolutions of the Inter-American Court in its resolution to be in a position to comply with its provisions, ensuring the greatest respect for the obligations contained in the American Convention on Human Rights, in accordance with its democratic processes.
“Mexico’s commitment to human rights is reiterated, and to the instruments that protect them both regionally and universally,” he added.
The SRE pointed out that said sentence could guide in a positive sense the actions of the State to protect the rights of persons deprived of their liberty.
The authority endorsed the commitment to work with the families of the victims in relation to the reparation of the damage and guarantees of non-repetition.
