Mexico: IACHR Publishes Friendly Settlement Agreement on the Disappearance of Modesto Patolzin, University Professor

December 18, 2023

Washington, DC—The Inter-American Commission on Human Rights (IACHR) announced its decision to approve and publish the friendly settlement agreement for Case 11.734, Modesto Patolzin Moicen, concerning Mexico, and to publish Approval Report no. 213/22.

The case concerns the international responsibility of the State for the alleged disappearance of Professor Modesto Patolzin Moicen, which occurred on February 24, 1988, in the city of Oaxaca, Mexico, and the subsequent failure to investigate the facts and punish those responsible.

On February 27, 2002, the parties signed the Friendly Settlement Agreement, in which the State undertook to carry out actions to investigate the facts, provide protection and economic assistance to the victims' relatives, and promote the legislative initiative to criminalize forced disappearance in the state of Oaxaca.

The IACHR evaluated the progress made on each of the clauses and decided to declare full compliance with clauses 3 (protection measures), 4 (economic support), and 5 (criminalization of forced disappearance in the state of Oaxaca). Likewise, the IACHR decided to declare partial compliance with clause 2 (investigation of the facts).

In light of these findings, the IACHR deemed that a substantial level of partial compliance with the Friendly Settlement Agreement had been reached and decided to continue monitoring the aspects that have not yet been fully complied with until the agreement has been implemented effectively.

The IACHR appreciates the efforts made by the Mexican State to resolve these matters before the individual petition and case system through the friendly settlement mechanism to fully implement this agreement. It also congratulates the petitioning party for its efforts to participate in the negotiations and to advance the friendly settlement process.

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.

No. 298/23

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