3
2.
That Article 63(2) of the American Convention provides that, “in cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons,” the Court shall, in cases not yet submitted to it, at the request of the
Commission, take such measures as it deems pertinent.
3.
That under the terms of Article 25(1) of the Rules of Procedure of the Court:
[a]t any stage of the proceedings involving cases of extreme gravity and urgency and
when necessary to avoid irreparable damage to persons, the Court may, at the request
of a party or on its own motion, order whatever provisional measures it deems
appropriate, pursuant to Article 63(2) of the Convention.
4.
That Article 1(1) of the Convention states the obligation of the States Parties
to respect the rights and freedoms recognized in that treaty and to ensure their free
and full exercise to all persons subject to their jurisdiction.
5.
That the record submitted by the Commission in its request demonstrates
prima facie a situation of urgent and grave danger to the lives and physical integrity
of the persons named.
6.
That the fact that the Inter-American Commission has requested
precautionary measures, which have not produced the required effects and the
events occurred subsequent to the adoption of those measures, raises the
presumption that the security of the members of the PRODH Center are in grave
danger, for which reason it is necessary to require of the State the adoption of
provisional measures to avoid irreparable damage to them.
7.
That it is the responsibility of the State to adopt measures of security to
protect all the persons who are subject to its jurisdiction; this obligation becomes
even more evident in regard to those who are associated with proceedings before
the organs of supervision of the American Convention.
8.
That Mexico also has a duty to investigate the facts underlying this request
for provisional measures in order to identify those responsible and appropriately
punish them.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS
in the exercise of the powers conferred on it by Article 63(2) of the American
Convention on Human Rights and Article 25 of its Rules of Procedure,
DECIDES
1.
To require that the State adopt, without delay, whatever measures are
necessary to protect the lives and integrity of Digna Ochoa and Plácido, Edgar Cortéz
Morales, Mario Patrón Sánchez and Jorge Fernández Mendiburu, members of the
Miguel Agustín Pro Juárez.Human Rights Center.
2.
To require that the State adopt, without delay, whatever measures are
necessary to assure that the persons who work at or visit the offices of the Miguel
Agustín Pro Juárez Human Rights Center can do their work or transactions without
danger to their lives or physical integrity.