5
Law School of the Universidad de San Martín de Porres, concerning the State’s
obligation to adopt special measures for vulnerable individuals, rape as torture, and
the alleged victim’s right of access to justice;11 v) Fundar, Centro de Análisis e
Investigación A.C., which submitted two briefs, one on the indigenous rights
recognized by the State and the other on the alleged inexistence of remedies
against the rejection of the jurisdiction of ordinary justice in favor of the military
justice system;12 vi) the Miguel Agustín Pro Juárez A.C. Human Rights Center
concerning, inter alia, the relevance of the alleged context of serious human rights
violations in which the facts of the case occurred from the point of view of its
juridical analysis and for establishing reparations,13 and vii) a law professor and
students of the Strategic Litigation and Human Rights course of the Instituto
Tecnológico Autónomo de Mexico, concerning access to justice in the case of
indigenous women, the obligation to investigate, and the military criminal
jurisdiction.14 These briefs were duly forwarded to the parties so that they could
make any observations they deemed pertinent.
10.
On May 24, 2010, the Inter-American Commission, the representatives, and
the State forwarded their final written arguments, which were transmitted to the
parties in order for them to make the observations deemed pertinent regarding the
specific documents sent by Mexico and the representatives with the briefs.
III
PRELIMINARY OBJECTION
11.
In its response to the application, the State filed the objection of “[l]ack of
jurisdiction of the Inter-American Court […] to examine violations of the InterAmerican Convention on the Prevention, Punishment, and Eradication of Violence
against Women.” Subsequently, at the public hearing, the State “withdr[ew] the
preliminary objection invoked in the response to the application.” In its final written
arguments, it ratified this withdrawal and clarified that “this does not mean that the
State acknowledges violations of the Convention” in the present case; to the
contrary, it affirmed that there had been no violations of this international
instrument.
12.
The Commission and the representatives requested the Court to reject the
preliminary objected filed by Mexico and affirmed the subject-matter jurisdiction of
respectively, of the Argentine Forensic Anthropology Team. A copy of the brief was received on April 30,
2010.
11
The brief was received by the Secretariat of the Court on April 30, 2010, and is signed by
Miguel Ángel Soria Fuerte, Professor of the Human Rights Studies Center of the Law School, Universidad
de San Martín de Porres.
12
The original briefs were received by the Secretariat of the Court on May 6, 2010, and are signed
by Miguel A. Pulido Jiménez, Executive Director of Fundar, Centro de Análisis e Investigación, A.C. The
copies of these briefs were received on April 30, 2010.
13
The original brief was received by the Secretariat of the Court on May 4, 2010, and is signed by
Luis Arriaga Valenzuela and Stephanie Erin Brewer, Director and member, respectively, of the
International Area of the Miguel Agustín Pro Juárez Human Rights Center. A copy of the brief was
received on April 30, 2010.
14
The original brief was received by the Secretariat of the Court on May 6, 2010, and is signed
by: Fabián Sánchez Matus, Rodrigo Casas Farías, Miguel Ángel Navarrete Barba, Tania Gabriela Casso
López Lavalle, Fernando Ojeda Maldonado, Mariana Castañeda Graham, Leopoldo Ortega Ortuño, Priscila
Cruces Aguilar, Jonathan Ortiz Campos, Ximena De Iturbide Rangel, Mónica Patricia Pérez Ankarvall,
Erika Marcela Estrever Aviña, Héctor Iván Resendiz Herrera, Elías Gallardo Palma, Fabiola Rojo Durand,
Edna Teresa Guzmán García, Hugo Tomás Ruelas Gutiérrez, Daniela Hernández Chong Cuy, Paola María
Sistach Díaz Chávez, Karla Jordana Hernández Ruiz, Mariana Taladrid Hernández, Alberto Limón-Lason
González, María José Villalvazo González and Walter Westphal Oberschmidt, professor and students,
respectively of the Strategic Litigation and Human Rights course of the Instituto Tecnológico Autónomo
de Mexico (ITAM). A copy of this brief was received on May 1, 2010.