ORDER OF THE PRESIDENT
OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
OF MAY 31, 2011
PROVISIONAL MEASURES REGARDING
THE UNITED MEXICAN STATES
CASE OF FERNÁNDEZ ORTEGA ET AL
HAVING SEEN:
1.
The Order of the then President of the Inter-American Court of Human Rights
(hereinafter, the “Inter-American Court”, the “Court” or the “Tribunal”) of April 9,
2009, by means of which the United Mexican States (hereinafter, "Mexico" or the
"State”) was required to immediately adopt the measures necessary to protect the life
and personal integrity of the following people: i) Obtilia Eugenio Manuel and certain
next-of-kin; ii) Inés Fernández Ortega and certain next-of-kin; iii) 41 members of
Organización del Pueblo Indígena Tlapaneco A.C. (hereinafter, also “OPIT”); iv) 29
members of Centro de Derechos Humanos de la Montaña Tlachinollan A.C.
(hereinafter, “Tlachinollan”), and v) certain next-of-kin of Raúl Lucas Castro and
Manuel Ponce Rosas.
2.
The Order issued by the Tribunal on April 30, 2009, by means of which the
Tribunal ratified the Order of the Court's President and required the State to maintain
the measures it had implemented, as well as to adopt the complementary measures
that might be necessary to protect the life and integrity of the people before
mentioned.
3.
The Orders of the then President of the Tribunal of December 23, 2009 and the
Inter-American Court of Human Rights of November 23, 2010, by means of which the
requests for expansion of these provisional measures, as required by the
representatives, were rejected.
4.
The briefs presented between July 20, 2009 and May 20, 2011 and the annexes
thereto, by means of which the State forwarded reports number one to twelve on
compliance with the provisional measures.
5.
The briefs presented between August 21, 2009 and April 25, 2011, by means of
which the representatives forwarded observations to the State’s reports before
mentioned, they put forward allegations on the implementation of these provisional
measures, they informed on the alleged occurrence of new incidents against the
beneficiaries and requested the Tribunal to call a public hearing in order to provide
further elements on the "situation" of and the "level of compliance" with these
provisional measures.