3
Dignity]), and 19 (Rights of the Child) of the American Convention, in relation to the
general obligation to respect and ensure human rights established in Article 1(1) thereof,
to the detriment of Mrs. Rosendo Cantu. In addition, it indicated that Mexico is
responsible for the violation of Article 5 (Right to Personal Integrity) of the Convention to
the detriment of Yenys Bernardino Rosendo, daughter of Mrs. Rosendo Cantu. In
addition, it noted that Mexico is responsible for the violation of Article 7 of the InterAmerican Convention on the Prevention, Punishment, and Eradication of Violence against
Women (hereinafter also “the Convention of Belém do Pará”) and Articles 1, 6, and 8 of
the Inter-American Convention to Prevent and Punish Torture (hereinafter “the
Convention against Torture”), all to the detriment of Mrs. Rosendo Cantu. Based on the
abovementioned, the Inter-American Commission asked the Court to order the State to
make certain reparations.
4.
On October 28, 2009, the Organización del Pueblo Indígena Tlapaneco/Me´phaa4
[Organization of Tlapaneco/Me’phaa Indigenous People] (hereinafter, “OPIM”), Centro de
Derechos Humanos de la Montaña “Tlachinollan” A.C. [the Center for Human Rights of
the Tlachinollan Mountain A.C. (Tlachinollan)], and the Center for Justice and
International Law (hereinafter “CEJIL”, all of the above, hereinafter, “the
representatives”) forwarded their brief of pleadings, motions, and evidence (hereinafter
“brief of pleadings and motions”), in accordance with Article 24 of the Rules of
Procedure. The representatives substantially agreed with the violations alleged by the
Inter-American Commission, adding to its request that the Court declare a violation of
Articles 5 (Right to Humane Treatment [Personal Integrity]), 11 (Right to Privacy [Honor
and Dignity]), 8 (Judicial Guarantees), and 25 (Judicial Protection) of the American
Convention, to the detriment of the next of kin of Mrs. Rosendo Cantu; Article 24 (Right
to Equal Protection) in relation to the other rights argued, and Article 2 of the
Convention (Domestic Legal Effects), in relation with Articles 8 and 25 of the same, 1, 6,
and 8 of the Convention against Torture, and 7 of the Convention of Belem do Para, to
the detriment of Mrs. Rosendo Cantu. Lastly, the representatives asked that the Court
order the State to adopt various measures of reparation, such as certain costs and
expenses.
5.
On February 17, 2010, the State presented a brief in which it filed a preliminary
objection, answered the application, and made observations on the pleadings and
motions brief (hereinafter “answer to the application”). Mexico asked the Court to
consider the preliminary objection founded and to declare its lack of jurisdiction to
determine violations of the Convention of Belém do Pará. It also asked the Court to
declare the inexistence of the violations of the rights established by the American
Convention and the Convention against Torture alleged by the Commission and the
representatives. The State named Mrs. Zadalinda González and Reynero as Agent in the
present case.
6.
On April 23, 2010, the Commission and the representatives presented their
arguments to the preliminary objection filed by the State, in accordance with Article
38(4) of the Rules of Procedure.
4
The parties use the terms me’paa or me’phaa to refer to the community or the language of Mrs.
Rosendo Cantú. The Court observes that there are distinct linguistic variants of Tlapaneco that in Spanish are
written in distinct ways depending on the geographical location of the community in question. According to the
Instituto Nacional de Lenguas Indígenas del Estado [National Institute of Indigenous Languages of the State],
the variant which corresponds to Barranca Bejuco is “me’paa” (http://www.inali.gob.mx/clininali/html/v_tlapaneco.html#4). Nevertheless, the Court uses the two abovementioned forms in an indistinct
manner, in conformity with that used by the parties throughout the case at hand.