The Supreme Court of Justice of the Nation (SCJN) ordered the Mexican State to comply with the urgent measures and actions issued by the Committee against Forced Disappearance of the United Nations Organization (HIM-HER-IT).
Thus, the SCJN granted binding character to the measures issued by the Committee and determined that their compliance should be judicially and constitutionally supervised.
The Court’s statement derived from the resolution of an amparo reviewed by the First Chamber, in which a mother complained to various authorities of the Veracruz that they did not implement, coordinate and carry out a diligent, exhaustive, impartial and serious investigation to locate their son, a victim of enforced disappearance since 2013.
The complainant claimed, among other things, that the authorities have not implemented the urgent measures and actions issued regarding her son’s case by the UN Committee against Forced Disappearance.
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In the amparo, a federal judge indicated that the measures issued by the international organization are not binding and only granted protection for the mother to receive certified copies of the preliminary investigation and for the public prosecutor to carry out the necessary steps to clarify the facts and identify those responsible and adjust their actions to international standards.
The Court reversed the judgment and expanded the effects of the amparo to also allow and encourage the participation of the victim’s mother in the search and location of her son because it considered that the right to search and its results “form the essential core of the right not to suffer forced disappearance and give content and substance to the duties to prevent, investigate and repair human rights violations and their correlative rights to truth, justice and reparation ”.
In addition, the Chamber declared that the authorities must abide by the measures and actions issued by the Committee, since denying binding would imply removing any useful effect from the International Convention for the Protection of All Persons from Enforced Disappearance.