held with the beneficiaries in August and November of 2011 to agree jointly on the
implementation of a “protocol for the investigation of threats toward or attacks on the
human rights defenders of the state of Guerrero” (hereinafter the “investigation
protocol”) prepared by the Fundación del Consejo General de la Abogacía Española.
11.
Regarding the information concerning investigations into the murder of Lorenzo
Fernández Ortega and the forced disappearance, torture, and extrajudicial killing of
Raúl Lucas Lucía and Manuel Ponce Rosas, the State indicated that it is taking steps
with the Federal Police (Policía Federal Ministerial), and that it met with the
beneficiaries to inform them of this.
12.
The representatives underlined that to date, 18 preliminary inquiries remain
open without those responsible having been brought to justice. In regard to the
investigations into the murder of Lorenzo Fernández Ortega and the forced
disappearance, torture, and extrajudicial killing of Raúl Lucas Lucía and Manuel Ponce
Rosas, they expressed concern over the alleged omissions and flaws of those
investigations.
13.
The Commission assessed positively the progress made in taking the necessary
steps toward implementing the investigation protocol. With regard to the investigations
carried out by the State, the Commission recalled that independent of the provisional
measures, the State has a particular obligation to guarantee the rights of persons in a
situation of risk and must move forward with the investigations necessary to shed light
on the facts.
14.
The Court takes note of the parties’ reports on the presentation of the protocol
prepared by Fundación del Consejo de la Abogacía Española and positively assessed
the parties’ efforts to reach a consensus regarding the implementation of its
recommendations.
15.
In addition, with regard to the State’s report that it is investigating the facts
alleged by the representatives, the Court reiterates the State’s obligation to investigate
the facts as a measure to guarantee the right to life and the right to personal integrity.
Nevertheless, within the framework of the instant provisional measures and as it has
ruled in other matters,6 it will not consider the effectiveness of the investigations
conducted or the State’s alleged negligence in the said investigations, given that this
last point does not form part of its purpose.
b) Information regarding the beneficiaries’ situation of risk
16.
With regard to the situation of the beneficiaries of the provisional measures, the
representatives reported, among others, the following threatening and violent facts:
a) On June 23, 2009, Margarita Martín Nieves and Santiago Ponce Lola, relatives
of Manuel Ponce Rosas, heard gunshots fired by a man from three meters
away. Having missed his targets, the attacker chased them in order to shoot at
them from closer range. The satellite phone did not work at that time;
6
Cf. Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional
Measures with regard to Brazil. Order of the Inter-American Court of Human Rights of July 3, 2007,
seventeenth considering paragraph, and Matter of Millacura Llaipén et al., supra footnote 2, fifth considering
paragraph.
5