Report No. 2 (2020) IACHR. Petition No. 12.915 (México)

• Case Number: 12.915
• Year: 2020
• Report Number: 2
• Respondent State: México
• Case Type: Friendly Settlements
• Court: Inter-American Comission of Human Rights
• Alleged Victim: Ángel Díaz Cruz y Otros

REPORT No. 2/20

CASE 12.915

F..S...

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A..D..C., ET AL.

MEXICO

Approved electronically by the Commission on February 24, 2020.

OEA/Ser.L/V/II.

D.. 3

24 February 2020

Original: Spanish

Cite as: IACHR, Report No. 2/20, C. 12.915. Friendly Settlement. A..D..C., et al. M..

February 24, 2020.

www.cidh.org

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REPORT No. 2/20

CASE 12.915

FRIENDLY SETTLEMENT REPORT

ANGEL DIAZ CRUZ, ET AL.

MEXICO1

FEBRUARY 24, 2020

I. SUMMARY AND RELEVANT PROCEDURAL ASPECTS OF THE FRIENDLY SETTLEMENT

PROCESS

1. On November 16, 2006, the Inter-American Commission on H.n Rights (hereinafter “the

Commission” or “IACHR”) receiv ed a petition from the F..B. de las Casas H.n Rights Center

(hereinafter “the petitioners”). The petition alleged the international responsibility of the M..S. for the

death of A..D..C. (age 9), as well as for the injuries sustained by R..L..H. (age 11) and

J..L..L..H.. A. th e alleged victims were mem bers of the T. indigenous people

(hereinafter “the alleged victims”), which allegedly occurred on December 17, 2000, in the municipality of San

Cristobal de las Casas, S. of Chiapas, from an explosive device belonging to the Mexican F.al A.. The

petitioners also alleged that these acts remai n in impunity because the investigation was forwarded to th e

military courts and the perpetrators were not punished.

2. On July 12, 2013, the IACHR declared the petition admissible in Report No. 47/13 for the

alleged violation of A.les 4 (right to life) and 5 (right to humane treatment) of the A.an Convention in

relation to A.le 1.1 of the said instrument to the detriment of A..D..C.. The Commission also found

the petition admissible with regard to A.les 5 (right to humane treatment), 8 (right to a fair trial) and 25

(right to judicial protection) of the ACHR, in connection with A.le 1.1 of the said instrument, to the detriment

of the surviving alleged victims and the relatives of all three alleged victims. In addition, it found the petition

admissible based on the alleged violation of A.le 19 (rights of the child) of the Am erican Convention, to the

detriment of A..D..C.ruz and R..L..H..

3. The parties met on S. r 3, 2015 and signed a minute expressing their interest in

reaching a friendly settlement agreement. In that document, the parties drew up a list of the alleged direct and

indirect victims of the events. They also established the basis for the negotiations and claims regarding: a) the

obligation to investigate the facts of the case; b) measures of satisfaction; c) produc tive project; d) symbolic

reparation; e) measures of rehabilitation; f) guarantees of non-repetition; and g) financial compensation.

4. On January 28, 2016, the parties signed a Friendly Settlement Agreement (FSA) and the

Commission has monitored its implementation. On S.r 24, at the working meeting facilitated by

Commissioner Esmeralda Arosemena de T. in her capacity as country rapporteur, the parties jointly

requested the Commission’s approval of the FSA.

5. T. friendly settlement report, pursuant to A.le 49 of the Convention and A.le 40(5) of

the Rules of Procedure of the Commission, outlines the facts alleged by the petitioners and transcribes the

friendly settlement agreement, which was signed on January 28, 2016, by the petitioners and representatives

of the M..S.. In addition, the a greement signed by the parties is approved and it is agreed to publish

this report in the A.ual Report of the IACHR to the General Assembly of the Organization of A.an S.s.

II. FACTS ALLEGED

6. The petitioners alleged that on S.r 17, 2000, the minor children R..L......

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H. (age 11) and A..D..C. ruz (age 9) went out to look for edible mushrooms, entering the “Rancho

Nuevo” a military camp. The wire fence that marked the boundaries of the land was broken due to the constant

foot traffic of people and grazing animals.

1 C..J...H., a national of M., did not participate in the consideration of the vote on this case of

compliance with article 17 (2) (a) of the IACHR.