stressed that the procedure for provisional measures is only aimed at verifying
whether a situation of risk exists at a particular time, and does not imply pre-judging
the case or the merits of any issue. 13
11.
Moreover, the Court has held that a set of factors or circumstances may exist
that reveal serious aggression against a particular group of people, which places them
in a situation of extreme gravity and urgency and of suffering irreparable damage. In
this extreme situation, for example, a series of serious attacks against the group to
which the beneficiary belongs that would allow one to reasonably infer that the latter
will also be attacked, may justify the granting of provisional measures, even without a
direct recent threat to that beneficiary. 14
12.
In this sense, the Commission emphasized that the situation of risk faced by
Luz Estela Castro has increased, given the recent events involving state authorities of
Chihuahua in relation to the organizations CEDHEM and “El Barzón” in which she works
(supra Having Seen 6). The Commission also referred to public statements made by
government officials regarding Luz Estela Castro’s activities as a defender (supra
Having Seen 6). Similarly, it cited the acts of violence and direct threats made against
other leaders and members of the same organizations to which she belongs, including
two recent incidents, on January 20, 2013 (supra Having Seen 6 and 16).
13.
Although on the previous occasion, when considering the extension of
provisional measures requested for Luz Estela Castro in relation to the Matter of
Alvarado Reyes et al. regarding Mexico 15, this Court did not feel that the grounds of
extreme gravity and urgency applied to the situation of the proposed beneficiary in
relation to that matter (supra Having Seen 2), according to new elements referred to
earlier, it is feasible that there will be an increased risk to Mrs. Castro. In this sense,
the Commission has alleged specific facts that demonstrate the risk facing members of
the organization “El Barzón”, of which Mrs. Luz Estela Castro is a founder and leading
lawyer, particularly the two murders mentioned and, more recently, alleged beatings
and threats against two of its leaders. To this is added the statements allegedly made
by government officials in relation to Mrs. Luz Estela Castro’s work within the
organization CEDHEM, which could aggravate the context of violence and risk
described.
14.
For its part, the State referred to the implementation of a Security Protocol
that included various measures of protection in favor of Luz Estela Castro (supra
Having Seen 10 (d)). It also expressed its complete willingness to conduct a new
individualized risk assessment, together with the proposed beneficiary, and to review
the measures. On this last point, the State mentioned the recent introduction of two
public policies that could be applied to the proposed beneficiary: the Comprehensive
Security System for the Protection of Journalists of the State of Chihuahua, applied to
human rights defenders in situations of risk; and the Protection Mechanism for Human
Rights Defenders and Journalists. These tools, as indicated by the State, require the
13
Cf. Matter of Carpio Nicolle, supra, Considering para. 27, and Matter of Alvarado Reyes et al.
Provisional Measures regarding Mexico. Order of the Inter-American Court of Human Rights of November
26, 2010, Considering para. 61.
14
Cf. Matter of Carpio Nicolle, supra, Considering para. 27, and Matter of
supra, Considering para. 20.
15
Cf. Matter of Alvarado Reyes et al., supra, Considering para. 66.
11
Alvarado Reyes et al.,