4
though members of that office approached Mr. Alvarado Favela, he did not wish
to collaborate with the investigations, just as he refused to do so [when] he went
to the [Attorney General’s] Office”;
c) Reported that in the meeting on March 4, 2011, following the request for “further
information” from the next of kin of the alleged missing persons in order to assist
the investigation, the representative Luz Esthela Castro Rodríguez responded
that “they have no intention of giving a statement and that the information they
had been given [about the investigation] was insufficient.” It added that the
representative refused to “record” her observations in the investigation and
abandoned the office together with the next of kin of the alleged missing persons
“without even signing the record of access to the preliminary inquiry”;
d) Clarified that it “has no intention of using any of the legal means of coercion
available to obtain the beneficiaries’ presence,” and that it was completely willing
to provide them with the necessary legal guarantees to adapt the proceedings to
their special needs, pursuant to the Declaration of Basic Principles of Justice for
Victims of Crimes and Abuse of Power adopted by the United Nations General
Assembly, and to ensure their safety when they decide to appear before the
authorities, and
e) Indicated as an example of this willingness, the facilities that the Attorney
General’s Office has offered the beneficiaries of the measures so that they can
participate in the investigation process, despite which, “for eminently respectable
reasons,” the beneficiaries have not participated to the extent “required of
them.”
11.
In particular, with regard to the request to expand the present provisional
measures, Mexico indicated that:
a) Concerning the next of kin of the beneficiaries, it is “fully prepared to adopt the
measures” ordered by the Court and, to this end, the competent authorities have
held working meetings with the representatives in which the latter have made
specific requests to address the situation of the said beneficiaries. However, it
indicated that it has not been possible to reach agreement on the next measures
to adopt “owing to the position adopted by the beneficiaries’ representatives” and
their unwillingness to come to an agreement with the State about protective
measures for the beneficiaries. In this regard, it cited as an example the fact that
at the said March 4, 2011, meeting, the representatives withdrew after stating
their position, without allowing “the negotiation of the necessary agreements to
continue implementing the provisional measures.” In this regard, Mexico “urged
the Inter-American Commission to serve as a liaison with the representatives of
[the beneficiaries],” because without the necessary communication between the
parties, it would be very complicated to establish the necessary measures to
guarantee the beneficiaries’ rights, and
b) Regarding the representatives who have been proposed as beneficiaries of these
measures, the facts alleged by the Commission as the factual basis for its request
to expand the measures do not contain any reference to their situation. The State
considered that the Commission had not presented specific facts to justify the
request for measures for these individuals, nor had it indicated that any of them
had been the victim of acts of violence or threats because of the present matter.
Hence, the situation of extreme gravity and urgency had not been proved.
Mexico also noted that the intended beneficiaries, Luz Esthela Castro Rodríguez
and the other members of the Centro de Derechos Humanos de las Mujeres
[Center for Women’s Human Rights] (CEDEHM), are protected by precautionary
measures granted by the Inter-American Commission that are duly being
implemented.
12.
The Inter-American Commission submitted its request for provisional measures at
a time when the Court was not in session. Under Article 27(6) of the Rules of Procedure,