2
international instrument. The IACHR further deems that the instant petition is inadmissible as to the
alleged violations of Articles 2, 4, 7 and 11 of the American Convention and with respect to Articles 1, 2
and 3 of the Inter-American Convention to Prevent and Punish Torture. The Commission also decides to
notify the parties of this decision, publish it and include it in the Annual Report to the OAS General
Assembly.
II.
PROCEEDINGS BEFORE THE COMMISSION
5.
On November 2, 1999, the Commission received the petition and assigned it the number
12.229 2. On November 8, 1999, the IACHR forwarded the relevant portions of it to the Mexican State
requesting that it submit its response within a period of 90 days. On March 20, 2000, the State submitted
its response, the relevant portions of which were forwarded to the petitioners. Following the State’s
commitment to continue to report on progress in the investigation pertaining to the death of Mrs. Digna
Ochoa, it submitted information on the following dates: March 18, 2002, April 16, 2002, May 13 and 17,
2002, April 17, 2003, April 21, 2003, July 3, 2003, July 29, 2003, December 8, 2003, August 20, 2004, April
14, 2009, September 9, 2009, April 8, 2011, January 18, 2013 and July 8, 2013. These communications
were duly forwarded to the petitioners. The IACHR also received information from the petitioners on the
following dates: February 26, 2003, May 27, 2003, October 16, 2003, December 16, 2003, December 16,
2003, August 25, 2005, November 21, 2008, June 22, 2009, July 14, 2009, March 18, 2011, December 9,
2011, January 31, 2012 and May 20, 2013. These communications of the petitioners were duly forwarded
to the Mexican State.
Additionally, at the 113th, 114th, 116th, 117th, 118th, and 147th3 sessions of the IACHR held
on November 16, 2001, March 7, 2002, October 18, 2002, February 26, 2003, October 20, 2003 and March
14, 2013, respectively, the IACHR summoned the parties to hearings pertaining to the instant petition.
6.
On September 9, 1999, the Commission requested the State to adopt precautionary
measures to protect the lives and physical integrity of Digna Ochoa y Plácido, Edgar Cortéz Morales and
the staff of the PRODH Center. Subsequent to the granting of the precautionary measures, it came to the
attention of the IACHR, among other situations, that: a) on September 14, 1999 two envelopes appeared
in the main drawer of the receptionist’s desk of the PRODH Center with new death threats; b) on October
13, 1999 another anonymous envelope appeared at the PRODH Center containing a bomb threat; c) on
October 8, 1999, at approximately 10:00 P.M., Mrs. Ochoa was abducted from her house and, amidst
threats and assaults, she was interrogated on the activities and personal information of every staff
member of the PRODH Center, being held captive for approximately nine hours until dawn broke. Her
assailants also tied her to her bed, placed an open gas tank beside her and left at approximately 7:00 AM;
Mrs. Ochoa managed to untie herself and later found the briefcase that had been stolen from her when
she was kidnapped on August 9, 1999; and d) on October 29, that same year, when the staff members of
PRODH Center came to work in the Center premises, they found the main door unlocked and several
things out of place, such as desks that looked like they had been riffled through, papers scattered across
7.
2 Initially, the petition was filled alleging the violation of several rights provided for in the American Convention on
Human Rights to the detriment of the members of “Miguel Agustín Pro Juárez” Center for Human Rights, particularly, the alleged
threats and harassment perpetrated against Mrs. Digna Ochoa. Following the death of Mrs. Digna Ochoa the petitioners
submitted their arguments as to the death of Mrs. Digna Ochoa y Plácido and the failure to effectively investigate and elucidate
the truth as to this incident as well as the pain suffered by her family members. Therefore, according to the allegations of the
petitioners in their communications the Commission finds that the alleged victims in the case are Ms. Digna Ochoa and her family
members.
3
See hearings (audio and/video) at: http://www.oas.org/es/cidh/audiencias/default.aspx?Lang=es