83
266. The Court notes the change in the request initially made by the
representatives that the resources should be handed to OPIM. This revised claim for
reparation was not made at the appropriate procedural moment; that is, in the
written brief on pleadings and motions. Therefore, the Court will not consider it
because it is time-barred, but will refer to the initial request submitted by the
representatives.
267. In the present case, the Court underscores the importance of implementing
reparations that have a community scope and that allow the victim to reincorporate
herself into her living space and cultural identity, as well as re-establishing the
fabric of the community. Consequently, the Court finds it pertinent that, as a
measure of reparation, the State provide the necessary resources for the Me’phaa
indigenous community of Barranca Tecoani to be able to establish a community
center, which is set up as a women’s center and in which educational activities are
held on human rights and women’s rights, under the responsibility and
management of the women of the community, including Mrs. Fernández Ortega if
she so desires. The State must assist State institutions and civil society
organizations working in the area of human rights and gender to provide assistance
for the community training activities, which must be adapted to the indigenous
community’s view of the world.
268. On the other hand, the Court recalls that in the public hearing, the expert
witness Hernández Castillo made reference to the living conditions of two of the
daughters of Mrs. Fernández Ortega, as well as to “many of the other Me’phaa
girls” as a consequence of the lack of security on the roads. She reported that
“thirty girls from Barranca Tecoani, are currently studying in Ayutla de los Libres
because [in said location] there is no middle school. In order to get to the middle
school, these girls would have to walk three hours [to the place where they would
go to Ayutla via transportation]. The risks of this route have caused the mothers to
decide to send their daughters to work with middle class mestizo families in Ayutla
de los Libres that take them as domestic labor without salary, [where they work]
up to twelve hours daily in exchange for a home, food, and the possibility to have
education. Ana Luz, the second daughter [of Mrs. Fernández Ortega], is currently in
this situation, and Noemi, her eldest daughter, lived with five families like this,
having to move from home to home because of the maltreatment received [there.]”
Therefore, the expert witness suggested “the construction of a hostel school where
the Me’phaa girls can study safely, without fear of the route taken to get there, the
insecurity which they pose, and which has become a space of vulnerability given
the rape of [Mrs. Fernández Ortega].” This “would be a direct reparation [in
relation] to the state of vulnerability caused by the rape.”
269. In addition, in the brief that accompanied the expert report, the expert
witness specified, “the proposal for a community school for the promotion and
education of the rights of women be substituted for a hostel-school which will be
installed and will function in the municipal capital of Ayutla de los Libres. Said
hostel-school can function as a dormitory for the daughters of the [Me’phaa] whom
are in middle school or high school and at the same time, and at the same time
provide a non-formal education on various matters at the hands of the OPIM
women.”
270. Taking into account the aforementioned, the Court deems it opportune to
order that the State adopt measures for the girls of the community of Barranca
Tecoani that currently carry out their middle school studies in the city of Ayutla de
los Libres, to be provided with housing and a proper diet, in order for them to
continue receiving an education at the institutions they attend. Regardless of the
abovementioned, this measure can be complied with by the State if it opts to install
a high school in the mentioned community.
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