Report No. 15 (2016) IACHR. Case No. 1171-09 (México)

• Case Number: 1171-09
• Year: 2016
• Report Number: 15
• Respondent State: México
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Ananías Laparra Martínez y familiares

REPORT No. 15/16

PETITION 1171-09

REPORT ON FRIENDLY SETTLEMENT

ANANIAS LAPARRA MARTINEZ AND FAMILY

MEXICO

Approved by the Commission at its session No. 2063 held on A. 14, 2016

157 Regular Period of Sessions

OEA/Ser.L/V/II.157

Doc. 19

14 April 2016

Original: Spanish

Cite as: IACHR, Re port No. 15/16 , P.n 1171-09. Friendly Settlement. Ananias L......

.

M....a..F.. M. co. A. 14, 2016.

www.cidh.org

1

REPORT No. 15/16

PETITION 1171-09

FRIENDLY SETTLEM ENT

ANANIAS LAPARRA MARTINEZ AND F AMILY

MEXI CO

APRIL 14, 20161

I. SUMMARY

1. On September 21, 2009, the Inter-A.ican Commission on H.n Rights (hereinafter the

“Inter-A.ican Commission,” “Commission,” or “IACHR”) received a petition lodged by the lawyers Thomas

Antkowiak, R....L...G.asca, and A....G., with support from the H.n R..C. of

Seattle University Law School (hereinafter “the petitioners”), which claimed that the United M.an S.es

(hereinafter the “S.e” or “M.an S.e) bore international responsibility for violations of Articles 5 (right

to humane treatment), 7 (right to personal liberty), 8 (right to a fair trial), 25 (right to judicial protection), 19

(rights of the child), and 2 (domestic legal effects [duty to adopt measures under domestic law]), taken in

conjunction with Article 1(1) of the A.ican C.ntion on H.n Rights, to the detriment of A...

.

L. and his family (hereinafter the “victim” or “victims”).

2. The petitioners den ounced the acts that occurred on Oc tober 14, 1999, in Tapachula,

C.as, concerning the unlawful and arbitrary detention of Mr. A...L. and his subsequent

conviction based on a confession obtained under torture by agents of the Judicia l P. of the S. te of

C.as. The petitioners also charged that two of Mr. A.nías Laparra’s children, who were minors at the

time—14-year-old J..A.s L...G. and 16-year-old R....F. Laparra G.— and his

wife, R..G.odínez, were also tortured and forc ed to sign statements incriminating Mr. Laparra in the

homicide of E..D..M.rtínez, a young ma n from the town of Unión Roja, in the M. of Cacahoatán,

C.as.

3. The parties signed a friendly settlement agreement in Tuxtla Gutiérrez, C.as, on

September 5, 2014, by which the S. undertook to implement reparation measures in favor of A.......

.

L. and his family for the injuries caused to them.

4. P. to A. 49 of the Convention and 40(5) of the Commission’s Rules of Procedure,

this friendly settlement report includes a summary of the petitioners’ allegations, transcribes the friendly

settlement agreement signed on September 5, 2014, by the petitioners and r epresentatives of the M.....

.

S., analyzes the agreement's compatibility with the C.ntion, and assesses its implementation. F.,

the Commission has decided to publish this report in its Annual R.rt to the General Assembly of the

Organization of A.ican S.es.

II. PROCESSING BY THE COMMISSION

5. The IACHR received the petition on September 21, 2009, and served notice of it to the

M..S.. On A. 4, 2011, the peti tioners applied to the IACHR for a precautionary measure in favor

of A...L., which was g ranted on January 18, 2012, for the purpose of protecting his rights to health

and the integrity of his person. That precautionary measure was registered as No. PM-351-11.

6. On A. 18, J. 26, and N ovember 6, 2012, and Februar y 12, A. 16, and October 25,

2013, the petitioners submitted additional information, which was forwarded to the S..

1In accordance with A.le 17(2)(a) of the Rules of Procedure of the IACHR, C...J. de J...O., a M.

national, did not participate in th e discussion or decision on this case.