26
59.
The Tribunal observes that the representatives argued for the existence of an
environment of violence, impunity, and discrimination in the State of Chihuahua as one
of the constitutive elements of the alleged risk they face (supra Considering 50(c),
50(d), 55), and the State did not deny the existence of the same, but rather argued
that this information was imprecise due to the failure to present concrete facts
demonstrating the specific risk the representatives encounter.
60.
In this regard, the Court recalls that in order to determine whether a situation of
extreme gravity and urgency in avoiding irreparable harm exists, it may assess the sum
total of political, historical, cultural, or any other sort of factors affecting the beneficiary
that would place him or her in a vulnerable situation at any point in time, exposing his
or her rights to possible infringement. This situation may grow or diminish in time
depending on innumerable variables, but as was noted, only extreme and urgent
situations shall be deserving of protection by way of provisional measures.
61.
On the one hand, there may be a nexus of factors or circumstances showing
serious aggressions against a group of persons in particular that situate these persons
in a situation of extreme gravity and urgency in suffering irreparable damages. In this
extreme situation, for instance, a series of serious attacks against the group to which
the beneficiary belongs reasonably showing that the beneficiary could also be attacked
could serve to justify the granting of provisional measures even without a direct threat
to the beneficiary. The assessment of the existence of this factual nexus is distinct
from the assessment that occurs in a decision on the merits, wherein the attribution of
the State’s international liability for carrying out or tolerating such conduct is at issue.
The procedure for provisional measures is only aimed at verifying whether risk exists in
a particular moment and this procedure does not consist in prejudging the case or the
merits of any issue.
62.
On the other hand, a situation not of the above-described character (supra
Considering 61) may exist, and by itself it many not represent extreme gravity and
urgency in suffering irreparable harm for a particular group. In such a case, that
situation would only serve to assess any concrete threat that may have presented itself
against the beneficiary and not to justify in itself the concession or maintenance of
provisional measures.46
63.
In the present matter, the Court finds that the information proffered does not
permit the conclusion that the alleged context of violence and impunity constitutes a
situation such as that described in Considering clause 61. Consequently, the alleged
context does not justify per se the granting of provisional measures in favor of the
representatives; that is, such a context is not a sufficient basis upon which to expand
provisional measures in the absence of concrete facts that would permit conclusions
consistent with the alluded-to effects of this context in the matter at issue.
64.
In that regard, the Tribunal notes that the concrete factual elements referred to
regarding the representatives (supra Considering 50), with the exception of those
addressing the situation of Emilia Gonzáles Tercero (supra Considering 54), do not
appear to constitute, prima facie, effects of the alleged environment of violence,
discrimination, and intimidation against human rights defenders in the specific matter
at issue. Additionally, from the information submitted to the Tribunal, the relationship
between the aforementioned larceny of electronic appliances from the CEDEHM
headquarters and the organization’s representation of the beneficiaries and family
46
Cf. Matter of Carlos Nieto et al. Provisional Measures regarding Venezuela. Order of the InterAmerican Court of Human Rights of January 26, 2009, Considering clause nineteen; Matter of Luis Uzcátegui.
Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of January 27,
2009, Considering clause twenty-three; and Matter of Liliana Ortega et al. Provisional Measures regarding
Venezuela. Order of the Inter-American Court of Human Rights of July 9, 2009, Considering clause twentyfour.