initiative of the beneficiary, which has not occurred in this case (supra Having Seen
11).
15.
In this regard, the Court takes cognizance of the protection mechanisms for
defenders described by the State. However, the Court notes that the State has not
demonstrated that such measures were adequately applied to the current situation
facing Mrs. Luz Estela Castro, or that these provided the petitioner with an effective
framework of protection to prevent the current risks. It is timely to recall that Article
1(1) of the Convention establishes the general obligations of States Parties to respect
the rights and freedoms recognized therein and to ensure to all persons subject to
their jurisdiction the free and full exercise of those rights, which are imposed not only
in relation to the power of the State but also in relation to the actions of private third
parties. 16
16.
The Court considers that, bearing in mind the work carried out by Mrs. Luz
Estela Castro with the aforementioned groups, the specific situation of risk they face in
their work in the State of Chihuahua, and in light of the recent events, there exists
prima facie a situation of extreme gravity and urgency, which makes it necessary to
adopt effective provisional measures in order to avoid potential irreparable damage
against the rights to life and personal integrity.
17.
Consequently, this Court considers it necessary to provide protection to Mrs.
Luz Estela Castro through the immediate adoption of provisional measures by the
State, according to the provisions of the American Convention, so that all those
measures are adopted to effectively prevent actions that affect or endanger the life
and integrity of the beneficiary.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of the authority granted by Article 63(2) of the American Convention on
Human Rights and Articles 27 and 31(2) of the Court’s Rules of Procedure,
DECIDES:
1.
To require the State of Mexico to adopt the necessary and effective measures to
prevent damage to the life and personal integrity of Luz Estela Castro. These
provisional measures shall be in effect until September 30, 2013.
16
Cf. Case of the Peace Community of San José de Apartadó, Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of June 18, 2002, Considering para. 10, and
Matter of the Socio-educational Internment Facility (UNIS). Provisional Measures regarding Brazil. Order of
the Inter-American Court of Human Rights of November 20, 2012, Considering para. 21.
12