Mexico Supreme Court takes up Rosendo Radilla disappearance case

Mexico’s Supreme Court of Justice of the Nation (SCJN) has voted to take up the case of Rosendo Radilla Pacheco, who was forcibly disappeared by the Army in 1974 in Atoyac de Álvarez, Guerrero, during the period known as the ‘Dirty War.’

The court’s decision, approved by seven votes to one, aims to review alleged omissions by the State regarding the search for Radilla and the investigation into his disappearance. The case, promoted by his daughter Tita Radilla, seeks to establish legal criteria regarding the extent to which judges can order specific actions when authorities fail to act.

This follows a 2009 ruling by the Inter-American Court of Human Rights against Mexico, which ordered the State to effectively investigate the facts and determine responsibilities. While a 2011 SCJN ruling established that Inter-American Court sentences are binding in Mexico, no individuals have been held accountable to date. The current review will address whether state omissions constitute violations of the rights to truth, justice, and effective remedy.