ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 20, 2012
PROVISIONAL MEASURES
REGARDING THE UNITED MEXICAN STATES
CASE OF FERNÁNDEZ ORTEGA ET AL.
HAVING SEEN:
1.
The judgment of Preliminary Objection, Merits, Reparations and Costs
(hereinafter “the judgment”) issued by the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court” or “the Court”) of August 30, 2011.
2.
The Order of the President of the Court of April 9, 2009, whereby, inter alia, she
ordered the United Mexican States (hereinafter “Mexico” or “the State”) to adopt
forthwith all measures necessary to protect the life and personal integrity of the
following individuals: (a) Obtilia Eugenio Manuel and certain next of kin; (b) Inés
Fernández Ortega and certain next of kin; (c) 41 members of the Organización del
Pueblo Indígena Tlapaneco A.C. (hereinafter “OPIT” or “OPIM”); (d) 29 members of the
Centro de Derechos Humanos de la Montaña Tlachinollan A.C. (hereinafter
“Tlachinollan”), and (e) certain next of kin of Raúl Lucas Lucía and Manuel Ponce
Rosas.
3.
The Order of the
President of the Court
implemented and adopt
and personal integrity of
Court of April 30, 2009, whereby it ratified the Order of the
and ordered the State to maintain the measures being
the complementary measures necessary to protect the lives
the said individuals.
4.
The Orders of the President of the Court of December 23, 2009, and of the
Inter-American Court of November 23, 2010, whereby the representatives’ requests
for extension of the provisional measures were denied.
5.
The briefs submitted between July 20, 2009 and December 2, 2011 and their
attachments, whereby the State forwarded reports one through fifteen regarding
compliance with the provisional measures.
6.
The briefs presented between August 21, 2009, and January 10, 2012 and their
attachments, in which the representatives of the beneficiaries (hereinafter “the
beneficiaries”) forwarded observations on the State’s reports regarding compliance.
7.
The briefs submitted between September 8, 2009 and November 18, 2011,
whereby the Inter-American Commission on Human Rights (hereinafter also “the InterAmerican Commission” or “the Commission”) forwarded its observations on the State’s
reports and the representatives’ observations.