Bernardo Bátiz Vázquez, Federal District Attorney General
Juan José Gómez Camacho, Director General of Human Rights; and
Jorge Ulises Carmona Tinoco, Director for Individual Cases, Human Rights
Directorate
For the Inter-American Commission on Human Rights:
Mario López Garelli, Inter-American Commission lawyer
Elizabeth Abi-Mershed, Inter-American Commission lawyer
Carmen Herrera, assistant
Viviana Krsticevic, assistant, and
Juan Carlos Gutiérrez, assistant.
7. The arguments of the Inter-American Commission, in which it:
a)
presented updated information on the risk status of the colleagues and
next of kin of Digna Ochoa and assessed the State’s compliance with the
measures that had been ordered;
b)
set out, in chronological order, from 1995 to date, the threats,
harassment and violent attacks against Digna Ochoa y Plácido and other
professionals who collaborated with her in her work. The death of Digna
Ochoa marked the culmination of a cycle of intimidation, violence and
impunity. The Commission also indicated that the facts described and the
death of Digna Ochoa y Plácido confirm the grave and urgent situation
involving imminent risk for those who worked closely with Digna Ochoa, the
members of the PRODH Center, and her family;
c)
indicated that it is clear that the series of threats, together with the
messages and the types of intimidation, were due to the work of the lawyers
of the PRODH Center as human rights defenders and, specifically, were
addressed to those lawyers who, like Digna Ochoa, had denounced members
of the police force and judicial officials involved in violating fundamental
rights before judicial and military bodies;
d)
indicated that, after the death of Digna Ochoa, her parents and
siblings had also expressed their concern about a series of incidents involving
threats, strange telephone calls and the presence of unknown persons;
e)
added that the conditions in which the investigation into the death of
Digna Ochoa was being conducted did not ensure that justice would be done
or the facts of the case clarified;
f)
indicated that the specific measures requested are reasonable and
their implementation is very simple and that it is difficult to understand why
the State has provided such a partial and delayed response when there is a
situation of imminent risk.
Notwithstanding the foregoing, the primary
measure of protection for the beneficiaries is the criminal investigation, the
clarification of the facts and the punishment of those responsible; and
g)
stated that it endorsed the observations made by the representatives
of the beneficiaries of the measures, which were forwarded to the Court by
the Commission it is brief of November 21, 2001 (supra having seen 6), and