3
FACI/SOT/50/272/02-03 of the preliminary inquiry.” They argued that the State “has
repeatedly eluded to provide a direct and specific answer to the petition made by Ms.
Zamora, so as to know the reasons why it was decided to shelve the file” and they
considered it “essential” to “inform the reasons for the shelving of the preliminary
inquiry where the facts which originated these provisional measures were being
investigated.” With regard to the family Ochoa y Plácido, the representatives also
pointed out that the State “continues failing to inform on the progress of the
investigations relating to the threats suffered by Digna Ochoa y Plácido and her
murder.” They came to the conclusion that as long as those facts are not clarified, the
risk against the life and integrity of the family Ochoa y Plácido continues to exist.
6.
The briefs of the Inter-American Commission on Human Rights (hereinafter,
"the Commission" or the "Inter-American Commission") presented between April 13,
2006, and January 31, 2008, by means of which it forwarded its remarks to the
information provided by the State regarding the protection measures and the
investigations. In its brief of October 16, 2007, the Inter-American Commission took
note “with satisfaction of the elements which evidence the implementation of different
protection measures” and it expressed “the need to have information on the
investigations regarding the threats received by Pilar Noriega, Bárbara Zamora, Leonel
Rivero and his family, and the family of Digna Ochoa, investigations which must
operate as a measure to prevent the repetition of risk facts.” On that matter, the
Inter-American Commission repeated that considering that the facts which gave rise to
the provisional measures have not been clarified, and that the responsible parties
have not been identified, it can not be concluded that the risk against the life and the
integrity of the beneficiaries has been eradicated. Finally, in a brief dated January 31,
2008, the Inter-American Commission presented its remarks on the protection and
investigation measures informed by the State and it made no reference to recent facts
of threats against the life or physical integrity of the beneficiaries.
7.
The public hearing on provisional measures held at the seat of the InterAmerican Court of Human Rights on February 5, 2008.1
CONSIDERING:
1.
That Mexico is a State Party to the American Convention on Human Rights
(hereinafter, “the Convention") since March 24, 1981, and that, pursuant to Article 62
1
Present at this hearing: a) for the Inter-American Commission: Florentín Meléndez, delegate, and
Mario López-Garelli and Lilly Ching Soto, advisors; b) for the Mexican State: Armando Vivanco-Castellanos,
Deputy General Director of the General Direction of Human Rights of the Secretariat of Foreign Affairs; José
Ignacio Martín del Campo, Director of International Litigation of the Secretariat of Foreign Affairs; Rodrigo
Espeleta-Alandro, Deputy General Director of the Unit for the Promotion and Defense of Human Rights of the
Government Secretariat; Fernando Coronado-Franco, Deputy Legal and Human Rights Prosecutor of the
Attorney General of the Federal District, and Ana Luisa Ramírez-Hernández, General Director of Human
Rights of the Attorney General of the Mexican State; and c) on behalf of the beneficiaries representatives:
Vanessa Coria, Luis Diego Obando and Soraya Long, of the Center for Justice and International Law (Centro
por la Justicia y el Derecho Internacional – CEJIL-) and Leonel Rivero-Rodríguez.