21.
With regard to the new facts carried out against the beneficiaries, the
Commission indicated, among other matters, that:
a) It observed with concern the information regarding the minor Ana Luz
Prisciliano Fernandez, in particular, that it would be necessary for formal
complaints to be filed in order to seek justice for these facts, and that the State
is conditioning the beneficiaries’ procedural initiative in order for them to pursue
prosecutions of incidents, especially those related to threats to their lives and
personal integrity;
b) The State has partially complied with the measures of protection ordered by
the Court. However, it highlighted the information with regard to the increase in
threats and harassment against the beneficiaries of the measures, despite the
fact that the measures remain in effect. In this regard, the Commission
“observe[d] with concern that the beneficiaries’ risk situation is not being
addressed adequately and has not been reduced, not even with the security
measures taken on the beneficiaries’ own initiative;”
c) The lack of adequate implementation of the protective measures in light of
the frequent threats against the beneficiaries “makes it vital and urgent to
adopt concrete measures that ensure [the] satisfactory protection of the
beneficiaries,” and
d) Some of the threats against the beneficiaries “expressly mentioned the
cases the beneficiaries are defending at the domestic and the Inter-American
level.”
22.
From the information provided by the parties, the Court observes that,
regardless of the measures stipulated in the Order of April 30, 2009, there have been
reports of several incidents involving harassment, threats or acts of violence against
some of the beneficiaries (supra considering paragraphs 16 and 19). In light of this
situation, the Court reiterates that the State must provide the beneficiaries with due
protection of their personal integrity, in accordance with the orders issued through the
instant provisional measures, and the agreements with the representatives.
23.
It cannot be inferred from the information provided that all of the facts reported
by the representatives are linked to the facts of the contentious case of Fernández
Ortega et al., or with the events that justified the adoption of the provisional measures
at the appropriate time. For its part, the State has reported that it began conducting
preliminary inquiries into all of the claims filed domestically, and thus there are
ongoing investigations. Additionally, some of the facts of harassment, violence and
threats carried out against some of the beneficiaries of the provisional measures
demonstrate the persistence of their situation of extreme gravity and urgency, and
represent an imminent risk to their lives and personal integrity.
24.
With regard to Inés Fernández Ortega’s family, several incidents occurred
between 2009 and 2010 that were directed toward her daughters, both minors, as well
as other relatives (supra considering paragraphs 16 and 19). Similarly, the
beneficiaries Obtilia Eugenio Manuel and Cuauhtemóc Ramírez Rodríguez received
threats both in the state of Guerrero as well as at a temporary residence in another
state, where they had moved for their safety (supra considering paragraphs 16(c), (j),
(n) and (q)). These threats were linked to their work in the Fernández Ortega case.
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