level of danger, due to the alleged threats, since they are protected by security guards.”
Therefore, it argued that the “precautionary measures that are in place, have prevented
irreparable harm from occurring to the beneficiaries and therefore their implementation has
been timely and effective. Thus, the State of Mexico considers that monitoring of this matter
should continue in the context of the measures of the [Commission], but not before the
Inter-American Court.”
12.
The communication of December 14, 2011, in which the Secretariat, following
instructions of the President, requested that the Inter-American Commission submit, no
later than January 9, 2012, any observations it deems pertinent regarding the information
presented by the State and, specifically, that it comment on the meeting held on December
1, 2011, which the State claims was carried out “in agreement with the beneficiaries and
their representatives,” in which certain actions were agreed upon in order to ensure the
safety and protection of Mrs. Martínez Martínez and her family.
13.
The brief of January 19, 2012, in which the Commission presented its observations
to the State’s report, noting that the investigations into the various threats received by the
victims remain the same as they were before the request for provisional measures was
submitted, and reported to the Inter-American Court, and that no new evidence has been
provided for analysis. In this regard, it noted that it is not clear whether the State has made
progress in investigating the events that gave rise to the precautionary measures; on the
contrary, the existing information shows that the investigations are still in the preliminary
stages, given that nobody has been arrested and a formal order of imprisonment has only
been issued for one person.
14.
On the other hand, with regard to the State’s assertion that it has not received any
reports of threats and harassment against the petitioners since October 2011, the
Commission considered that this affirmation lacks a comprehensive analysis of the situation
facing the potential beneficiaries. In this respect, it noted that Margarita Martínez Martínez
and Adolfo Guzmán Ordaz and their family have been the subject of threats and
harassment, since November 2009 and at least until October 2011, with these occurring
months apart. Their representatives have found that these incidents are directly related to
the public appearances made by Mrs. Martínez Martínez and Mr. Guzmán Ordaz.
Accordingly, the Commission reiterated that during the time the precautionary measures
have been in effect, and despite these measures, the beneficiaries have continued to be
threatened, stalked, and harassed, regardless of the security provided by State agents. It
added that the State has not responded to the request for security measures for the
potential beneficiaries of the provisional measures to be provided by Federal Police, since
Mrs. Martínez Martínez and Mr. Adolfo Guzmán have identified the local authorities as the
source of the risk. The State made no reference to the special measures of protection that
would be necessary for the children Ada Saraí Martínez Martínez and Eduardo Abel León
Martínez.
CONSIDERING THAT:
1.
Mexico has been a State Party to the American Convention on Human Rights since
March 24, 1981 and, in accordance with Article 62 thereof, accepted the compulsory
jurisdiction of the Court on December 16, 1998.
2.
Article 63.2 of the American Convention establishes that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,” the
Court shall adopt such provisional measures as it deems pertinent, in matters it has under
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