Mexico: IACHR Welcomes Full Compliance with Friendly Settlement Agreement for Case 11.822, Reyes Penagos Martínez and Others

July 7, 2023

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Washington, D.C.—The Inter-American Commission on Human Rights (IACHR) announced its decision to declare full compliance with Friendly Settlement Report No. 24/09 concerning case 11.822, Reyes Penagos Martínez and others, which it will cease to monitor.

The case relates to the Mexican State's international responsibility for the violation of the human rights of Reyes Penagos Martínez, Enrique Flores González, and Julieta Flores Castillo, all members of the Unión Campesina Popular Francisco Villa. On December 16, 1995, these individuals were allegedly illegally detained by public officials of the state of Chiapas, interrogated, and subjected to torture. On December 18, 1995, Mr. Reyes Penagos Martínez was allegedly executed extrajudicially by public officials.

On November 3, 2006, the parties signed a friendly settlement agreement that was approved by the IACHR on March 20, 2009. As part of the process of verifying the implementation of the friendly settlement agreement, the IACHR assessed the actions taken by the Mexican State to comply with the measures in the agreement.

The IACHR corroborated that the State had carried out a public ceremony at which it apologized to the victims and their next of kin and acknowledged its responsibility for not having guaranteed the victims' rights to life, personal integrity, liberty, and guarantees of legal protection. On February 16 and March 2, 2007, it made a public announcement in two newspapers; and it paid financial compensation for the tangible and intangible damages caused. The beneficiaries have also been included in the Popular Insurance Regime healthcare program.

The most significant impacts were the scholarships that were granted to the children of Mr. Reyes Penagos Martínez; and the steps taken by the State to convict two people in relation to the events and issue an arrest warrant for one of them. The other suspect died before he could be apprehended and his criminal sanction could be enforced. Both parties have acknowledged that the convictions are important outcomes of the friendly settlement process.

The IACHR monitored the development of this friendly settlement closely and expressed its appreciation for both parties' efforts during the negotiation process and the subsequent follow-up stage. By virtue of the information provided by the parties, the IACHR ruled that the agreement had been fully complied with and thus decided to end its monitoring of the compliance process.

The IACHR applauded the efforts made by the Mexican State to reach solutions using the individual petition and case system and the friendly settlement mechanism. It also congratulated it on having fully implemented this agreement. The IACHR also wishes to congratulate the petitioning party on the efforts it made to take part in the negotiation and move the friendly settlement process forward.

To consult the technical data sheet for the case, please click here.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

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