6
the Inter-American Court to rule on the alleged violations of Article 7 of the
Convention of Belém do Pará.
13.
The Court takes notes of the withdrawal of the preliminary objection initially
filed by the State in relation to its subject-matter jurisdiction with regard to Article
7 of the Convention of Belém do Pará, a matter decided prior to the present case.15
Furthermore, it accepts this withdrawal in the terms expressed by Mexico and,
consequently, will analyze the alleged violations of said treaty in the corresponding
chapters of this Judgment.
IV
JURISDICTION
14.
The Inter-American Court has jurisdiction to hear this case under Article
62(3) of the Convention, because Mexico has been a State Party to the American
Convention since March 24, 1981, and accepted the contentious jurisdiction of the
Court on December 16, 1998. In addition, the State ratified the Inter-American
Convention to Prevent and Punish Torture on June 22, 1987, and the InterAmerican Convention on the Prevention, Punishment and Eradication of Violence
against Women on November 12, 1998.
V
PROVISIONAL MEASURES
15.
On April 7, 2009, the Inter-American Commission, in the framework of the
case being processed before it, asked the Court to order the State to adopt
provisional measures in favor of the alleged victims and of other persons who were
directly or indirectly connected to the present case. On April 9, 2009, the President
of the Court at the time, issued an Order for urgent measures calling on the State
to adopt the necessary measures to protect the life and personal integrity of the
alleged victims and others.16 The Court ratified this order on April 30, 2009.17 The
provisional measures ordered by the Court remain in force at the time this
Judgment is delivered and its issuance does not affect the continuity of the
aforesaid measures.
VI
PARTIAL ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY
16.
During the public hearing, Mexico made a partial acknowledgement of its
international responsibility in the following terms:
The Mexican State acknowledges before the Court: first, that the absence of
specialized medical care for Mrs. Fernández Ortega, which should have
included the psychological and not merely the physical aspect, and which
should have been provided immediately, constitutes a flagrant violation of
Article 8(1) of the American Convention. Second, that the destruction of the
scientific evidence taken from the victim also constituted a flagrant violation
Article 8(1) of the American Convention. Third, that despite the efforts made
15
Cf. González et al. (“Cotton Field”) v. Mexico. Preliminary Objection, Merits, Reparations, and
Costs. Judgment of November 16, 2009. Series C No. 205, paras. 31 to 77.
16
Cf. Matter of Fernández Ortega et al. Provisional measures with regard to Mexico. Order of the
President of the Inter-American Court of Human Rights of April 9, 2009.
17
Cf. Matter of Fernández Ortega et al. Provisional measures with regard to Mexico. Order of the
Inter-American Court of Human Rights of April 30, 2009.