11
protect the life and physical integrity of the nine next of kin of the beneficiaries
mentioned in the Commission’s request (supra seventh considering paragraph).
II. Regarding the request to expand the provisional measures to include
the representatives of the beneficiaries
19.
The Court takes note of the Commission’s arguments in favor of expanding the
present measures to include the representatives of the beneficiaries, according to which:
(i) the threats against the beneficiaries of the present measures also extend to their
representatives owing to the relationship between the threats and the denunciation and
investigation of the alleged disappearance of the beneficiaries Nitza Paola, Rocío Irene,
and José Ángel Alvarado, in which the representatives have played a visible and active
role, and (ii) the alleged context of harassment of human rights defenders in Chihuahua
would suggest a situation of risk to the life and physical integrity of the said
representatives (supra having seen paragraph 8). The Court also notes the State’s
observation in this regard that the Commission has not referred to specific acts against
the representatives that might reveal a situation of extreme gravity and urgency.
20.
Regarding the said climate of harassment against human rights defenders, the
Court deems it opportune to reiterate the content of its Order of November 26, 2010.18
On that occasion, the Court explained that even though, in order to determine the
existence of a situation of extreme gravity and urgency to avoid irreparable harm, it may
assess all the political, historical, cultural or other factors or circumstances affecting the
beneficiary or placing him in a vulnerable position at a specific time and exposing him to
possible violations of his rights, only situations that are specifically extreme and urgent
may be addressed by way of provisional measures. In this regard, the Court indicated
that there may be a series of factors or circumstances that reveal serious harassment
against a particular group that places the group in a situation of extreme gravity and
urgency and in danger of suffering irreparable harm. In this extreme situation, the
granting of provisional measures may be justified even without a direct threat to the
beneficiary, if a series of serious attacks against a group to which he belongs gives rise
to the reasonable inference that he will also be attacked. However, the Court indicated
that there may also be a situation that is not of this nature and that, in itself, does not
represent extreme gravity and urgency and the danger of suffering irreparable harm for
a specific group. In this case, the context will only be used to evaluate the specific threat
against the beneficiary and not, of itself, to justify the granting or maintenance of
provisional measures.19
21.
With respect to the request to expand the provisional measures to include the
representatives, the Court observes that, on this occasion, the Commission again
requested that provisional measures be granted in favor of five representatives whose
previous request for provisional measures had been rejected by this Court in its Order of
November 26, 2010.20 In that Order, the Court found that the alleged context did not per
se justify the granting of provisional measures in favor of the said representatives; in
other words, that the said context was insufficient to support the expansion of the
18
Cf. Matter of Alvarado Reyes et al., supra note 7, sixtieth to sixty-second considering paragraphs.
19
Cf. Matter of Carlos Nieto et al. Provisional measures with regard to Venezuela. Order of the InterAmerican Court of January 26, 2009, nineteenth considering paragraph; Matter of Liliana Ortega et al.
Provisional measures with regard to Venezuela. Order of the Inter-American Court of Human Rights of July 9,
2009, twenty-fourth considering paragraph, and Matter of Alvarado Reyes et al., supra note 7, sixty-second
considering paragraph.
20
On that occasion, the Court rejected the request to expand the provisional measures to include
Patricia Galarza Gándara, Brenda Andazola, Luz Esthela Castro Rodríguez, Oscar Enríquez, Javier Ávila Aguirre,
and Francisca Galván. Cf. Matter of Alvarado Reyes et al., supra note 7, fourth operative paragraph.