d)
e)
f)
g)
h)
of the original beneficiaries and the alleged participation of military officials in
those incidents, and to prevent the investigation from continuing;
the representatives to the benefit of whom the broadening of these measures
was requested have played "an active role not only in the context of the
international processing of the provisional measures but have also continued to
denounce the facts domestically," including by “filing briefs" before the different
authorities and appearing before them in support and accompaniment of the
members of the Alvarado family. As a consequence, they have "significant
visibility" as a driving force behind the domestic investigations and the measures
of protection before the bodies of the inter-American system;
the threat that beneficiary José Ángel Alvarado Favela received on his cell phone
took place after he appeared on January 28, 2011, at the Office of the Attorney
General of the Republic, accompanied by his representatives and proposed
beneficiaries Luz Esthela Castro and Gabino Gómez;
both relatives and representatives participate in making the allegations and
demanding justice. The latter accompany and provide backup for the actions of
the relatives;
at least one of the representatives who has participated in those activities beneficiary Emilia González Tercero - has been a direct victim of acts of
harassment and intimidation, "strengthening the earlier indications that the risk
extends to the representatives," and
there are contextual elements that "together with the earlier elements," allow for
the presumption of a situation of risk to the lives and personal integrity of the
representatives. In particular, it indicated that, according to the United Nations
Office of the High Commissioner of Human Rights, Chihuahua is in first place
nationally with regard to complaints of attacks on human rights defenders. In
this regard, it indicated that the attacks are various in nature and include "an
intense climate of threats toward and harassment of human rights defenders who
carry out their activities in the region." In this sense, it highlighted that in many
cases these threats have culminated "in the disappearance and/or murder of
[human rights] defenders, many of who were actively participating in publicly
denouncing abuses of military forces in the state of Chihuahua."
9.
The Commission requests, based on Article 63(2) of the American Convention on
Human Rights (hereinafter "the American Convention" or "the Convention") and 27 of
the Rules 1 (hereinafter also "the Rules of Procedure") that the Court order the State to:
a)
Take immediate measures to protect [the] life and personal integrity [of the
proposed beneficiaries];
b)
Investigate the facts behind this request for the broadening of provisional measures
as a means of identifying the source of the risk and ensuring that the threats are not carried
out[,] and
c)
Coordinate provisional measures with the proposed beneficiaries.
10.
The brief dated March 25, 2011, and its annexes, as well as the additional
annexes submitted on March 28, 2011, in which Mexico submitted its comments on the
request to broaden provisional measures. Regarding the recent threatening acts alleged
by the Commission, the State:
a) indicated during the meeting held with the beneficiaries and the representatives
on February 18, 2011, that it had requested information from the various
authorities involved in this matter, "insofar as they were aware of the facts" with
1
Rules of Procedure of the Court approved in its LXXXV Regular Period of Sessions, held on November
16-28, 2009
3