home. Patrols have been conducted regularly in the Tlachinollan offices in Tlapa de
Comonfort, but have not been conducted consistently and effectively with respect to
other beneficiaries and in certain locations. In addition, permanent police presence has
been provided consistently at the Tlachinollan offices in Ayutla de los Libres since
August 8, 2011.
8.
Regarding the State’s reports and the representatives’ observations, the
Commission, among other considerations:
a) assessed positively the State’s efforts to correct the operational flaws in the
protective measures ordered in favor of the beneficiaries;
b) indicated that despite the time that has elapsed since the Court ordered the
provisional measures, the State continues to repeatedly report information on
the steps taken toward implementing the remaining measures, and to date
those measures have not been implemented. In this regard, the Commission
considered that it would be useful and necessary to receive information about
those steps the State has said it has taken, and the obstacles preventing them
from having a satisfactory result. Similarly, it considered it necessary to receive
information about corrective and preventive measures the State is
implementing in this regard, and
c) indicated that the implementation of the patrols continues to be flawed, and
thus it necessary for the State to intensify its efforts to provide the necessary
protection to the beneficiaries.
9.
The Court observes that the State took steps aimed at improving the security of
the beneficiaries of the provisional measures, such as the delivery of communication
equipment, the installation of alarms and other security measures in certain homes
and offices, and the implementation of periodic police patrols. In addition, the Court
assesses positively the State’s efforts to implement the measures ordered by the
Court, as well as to correct the operational flaws in the protective measures indicated
by the representatives. In regard to the specific protective measures and the
discrepancies between the parties regarding compliance with the said measures, the
Court recalls that, in its Order of April 30, 2009, it determined that the State must take
the pertinent steps in order for the provisional measures to be diligently and effectively
planned and applied with the participation of the beneficiaries or their representatives.
The Court underlined that the positive participation of the State, and especially of the
representatives, is essential for coordinating the implementation of the provisional
measures in the instant case. Consequently, the Court deems it necessary for them to
continue their efforts in order for the implementation of the instant measures to move
forward in a coordinated, constructive, and prompt manner, with communication and
agreement between the parties. In addition, the parties must send updated
information to the Court on the progress achieved.
*
10.
With regard to the investigation of the facts that led to the instant measures,
the State reported that it began preliminary inquiry proceedings with regard to all the
facts about which the representatives filed complaints domestically, and that it has
“taken a variety of steps to address the security risks alleged by the beneficiaries.” It
reported on the incorporation of a team of experts in criminal investigation from a
human rights perspective to review the investigations, and that two meetings were
4