5
file”, reason for which “it [was] likely [to] determine that the State has failed to
comply with its obligation to investigate in a serious, thorough and effective manner
the facts” which gave rise to the measures in her favor. On the other hand, the Court
observes that at the public hearing of February 5, 2008, no specific recent facts which
could involve a situation of extreme gravity and urgency regarding this beneficiary
were informed either.
6.
That as to the alleged lack of information on the investigation of the alleged
threat occurred in 2002, against Bárbara Zamora, the State expressed that it served
notice of the decision of non-exercise of the criminal action upon the claimant, and it
further informed the name of the person who, on December 8, 2003, allegedly
received the summons of said decision, and it attached a copy thereto. The State
further expressed that in several occasions the beneficiary was informed that she could
turn to the Fiscalía Central de Investigación para la Seguridad de las Personas e
Instituciones (Central Public Prosecutor Office of Investigation for the Safety of
Persons and Institutions) in order to request that the preliminary inquiry be recovered
from the Recording Office of the Attorney General of the Federal District and
personally consult the agreement of non-exercise of the criminal action. Finally, the
State attached a copy of the decision of non-exercise of the criminal action. In said
decision there is a reference to the event considered as threatening by the beneficiary,
the investigation proceedings adopted and the grounds due to which it was decided
not to exercise the criminal action in said preliminary enquiry.
7.
That as to the members of family Ochoa y Plácido, in response to the Court
request for detailed and updated information on the persistence of the situation of
extreme gravity and urgency (supra Having Seen paragraph No. 3), in their brief
dated September 21, 2007, the representatives did not inform on any fact which may
imply a risk for their life or physical integrity. However, the representatives expressed
that “[a]s long as […] there is no progress in the investigations and as long as the
murder of Digna Ochoa is not clarified, the risk suffered by their next of kin is updated
and remains in force.” On the other hand, the Court observes that at the public
hearing of February 5, 2008, no specific recent facts which could imply a situation of
extreme gravity and urgency regarding the members of the Ochoa y Plácido family
were informed either.
8.
That nonetheless, at the above-mentioned hearing, the representatives
affirmed that the investigation of the death of Digna Ochoa y Plácido would be
reopened and would gain new impulse as "new elements which would allow the
progress of the investigation have arisen”, specifically referring to two testimonies,
copies of which were attached on that occasion. The Inter-American Court observes
that apart from what has been pointed out regarding the lack of investigation (supra
Having Seen paragraph No. 7) or the eventual progress thereof, no new elements
which allow to consider that there is still a situation of extreme gravity and urgency
endangering the personal integrity or the life of those beneficiaries have been
contributed with.
9.
That additionally, at the pubic hearing the representatives informed that the
office of the present attorney of the family Ochoa y Plácido was a target for theft. The