5
*
*
*
7.
That the request for amplification of provisional measures in favor of Ms. Rosendo
and her daughter was denied in the framework of the case of Fernández Ortega et al.
Nevertheless, the Court observes that, just as signaled by the President in the Order of
December 23, 2009,5 that the beneficiaries of the provisional measures correspond to the
presumed victims of the case of Rosendo Cantú et al., for which the facts and arguments
shown by the representatives in their brief, as well as the information presented by the
State, will be analyzed in the present case.
8.
That of the information supplied by the representatives, it follows that Ms. Rosendo
and her daughter, due to the sexual violation that Ms. Rosendo suffered, have moved from
the city and are living far from their family. In such location, Ms. Rosendo has been the
object of followings from her two places of work and photographed on one of these
occasions by one same person of “military appearance;” previously, two unknown persons
had tried to deprive the child of Ms. Rosendo of her liberty and had robbed her cell phone.
These facts have been put into the knowledge of the Public Ministry and a prior inquiry has
been begun (supra Having Seen 4).
9.
That the State transmitted to this Tribunal “the information obtained by the Secretary
of the Interior, the institution responsible for implementing and monitoring the provisional
[…] measures.” Of the information submitted, it follows that:
a) for the General Director of International Cooperation of the Attorney General of
the Republic, “the requirements of gravity and urgency are not fulfilled, elements
which are necessary for the implementation of provisional measures,” given that
“there is no background of this facts regarding whether they have been denounced
before the Agent of the Public Ministry of the Federation, given that […] the facts
referred to were made to the knowledge of the Agent of the Public Ministry of the
Common Jurisdiction in the state of Guerrero;”
b) the Special Prosecutor for the Protection of Human Rights of the Attorney General
of Justice of the State of Guerrero indicated that on November 17, 2009, it began the
prior inquiry GRO/SC/125/2009 for the offense of threats against Ms. Rosendo
Cantu, “in which the Ministry attest[ed] to the accuracy of the initiative and the brief
of the accusation, the ratification of the brief of the claim by [the offended party] and
the declaration of [a] witness.” Also, on December 15, 2009, Ms. Rosendo Cantu
extended the claim “for new criminal facts against her minor daughter […] which
took place on December 11, 2009, but to this date, the brief has not been ratified by
the offended party,” and
and Curbaradó. Provisional Measures regarding Colombia. Order of the Inter-American Court on Human Rights of
November 17, 2009, Considering fourth, and Matter Guerrero Larez, supra note 2, Considering fifth.
5
Cf. Matter of Fernández Ortega et al. Provisional Measures regarding México. Order of the President of the
Inter-American Court on Human Rights of December 23, 2009, Considering ninth.