3
(i)
“[It was] proposed to the representatives […] that the institutions responsible
for ‘identifying and establishing differences in the degree of danger to Mrs. Pérez
Torres and her family should be the Attorney General’s Office, the Secretariat of
Public Security of the State of Chihuahua, and/or the Federal Secretariat of Public
Security; and if [the representatives] disagreed with this proposal, they should
indicate a public institution other than those mentioned.” Also, “it was made clear to
them that once this had been accomplished, it would be possible to determine the
methodology and timing to draw up the report requested by the Court, the profile of
those who would prepare it, and the appropriate place for this; and they were also
advised that they would be provided with the necessary security measures during the
process of preparing the report”;
(ii)
During this meeting, the representatives advised “that Peace Brigades
International had rejected [Mrs.] Pérez Torres’s request for assistance and reiterated
the total lack of interest […] of the municipal, state, and federal public security forces
in providing her with measures of protection and security”;
(iii)
“Regarding the request for paid, official spaces in which material could be
placed with information on women’s rights and the situation in Ciudad Juárez, with a
content approved by [Mrs.] Pérez Torres, the State noted [...] that this request was
not in keeping with the nature of […] a provisional measure, and [the
representatives] had not explained how this action could prevent possible unlawful
conduct against [her].”
6.
In addition, in its report of November 5, 2009, the State indicated that, taking into
account that Mrs. Pérez Torres and her family had advised that they had requested asylum
in another country, it was asking the Court to “[r]ecognize that the decision adopted by [the
beneficiaries] to request the Government of another country for asylum is a decision that,
based on the information that the beneficiary has presented to the Court […] lacks any basis
or justification.” In addition, in its most recent brief of May 5, 2011, the State emphasized
that “a long time (19 months) has passed during which neither the Inter-American
Commission nor the beneficiaries have presented elements to demonstrate the existence of
a threat and/or a real and imminent danger to them sufficient to justify the measures [in
their] favor.” Furthermore, it noted that “the measures offered by the State had been
rejected […] by Mrs. Pérez Torres’ representatives, thus preventing an evaluation of their
effectiveness.” Accordingly, the State asked the Court to order that the provisional
measures in this matter be lifted.”
7.
For her part, in her brief of September 29, 2009, Mrs. Pérez Torres referred to some
of the specific measures that had not been put in place at that date, indicating that:
(i)
Although the State had agreed to send her emergency numbers that could be
used 24 hours a day on a year-round basis, it later indicated that “they were the
common emergency numbers for the general public, but that it would provide other
specific contact numbers.” However, “[at that] date, the State ha[d] not provided
them”;
(ii)
She had “decided not to file a criminal complaint before either the local or
federal courts” because she has determined that this would not be desirable as it
would increase the danger she faced “because […], in the actual circumstances in
Mexico and in a context of impunity, the opening of a formal investigation into
threats is a risk factor”;