the representatives acknowledged at the public hearing that they have not denounced
certain threatening acts against Ms. Lanza Ochoa before the State authorities since August
10, 2011. Moreover, on May 7, 2012, the beneficiary signed the authorization as injured
party so that the Attorney Office is able to investigate the threats issued against her (supra
Considering clause 11). However, they indicated that certain intimidating practices “are
permanent,” such as threatening phone calls or emails, and the recent facts reported. Based
on the foregoing, the Court observes that there are indications to presume the context of
specific danger and practices of intimidation to the detriment of the beneficiary; hence the
risk of infringement of her right to life and personal integrity still exists.
23.
In view of the risk faced by the beneficiary of the measures, the Court values the
State’s position with regard to the adoption of, among other measures, the actions
necessary to resolve the deficiencies in the implementation of the provisional measures by
holding work meetings, providing adequate security measures in her favor, and the
willingness to implement a comprehensive program for the protection of human rights
defenders (supra Considering clause 7).
24.
In this respect, the Court calls to mind that article 1(1) of the Convention establishes
the general obligations of State Parties to respect the rights and freedoms included therein
and to guarantee the free and full exercise of those rights to all persons that are subject to
its jurisdiction. In this regard, it is necessary for the State to maintain communication with
the beneficiary and her representatives to guarantee the implementation of the suitable
measures according to the specific risk situation of Ms. Lanza Ochoa.
25.
Couple with the foregoing, the Court deems necessary for the representatives to
submit to the Tribunal, within the term established in the operative paragraphs of this
Order, an updated assessment of the risk situation of the beneficiary of these measures.
Additionally, the representatives must inform about the implementation of the measures
agreed with the State for her security (infra Operative paragraph 3).
26.
In turn, the State must submit detailed information regarding the measures of
protection agreed with the representatives and their implementation (infra Operative
paragraph 4).
27.
With regard to the domestic investigations, the Court reiterates that the State has a
special obligation to guarantee the rights of persons in risk situations, and that it must
conduct the investigations necessary to clarify the facts, followed by the consequences
established by the applicable law.7 However, the analysis of the effectiveness of said
investigations and procedures regarding the facts that led to the adoption of these
provisional measures corresponds to the evaluation of the merits of the case.8
6
See Case of Raxcacó Reyes et al. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights of August 30, 2004, Considering clause ten, and Case of González Medina et al. Provisional
Measures regarding the Dominican Republic. Order of the Inter-American Court of Human Rights of August 30,
2011. Considering thirteen.
7
See Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the Court of January
15, 1988, Considering clause three; Matter of Fernandez Ortega et al. Provisional Measures regarding Mexico.
Order of the Inter-American Court of Human Rights of February 20, 2012, considering clause thirty-three.
8
See Matter of Pilar Noriega García et al. Provisional Measures regarding Mexico. Order of the Inter-American
Court of Human Rights of February 6, 2008, Considering fourteen, and Matter of Martinez Martinez et al.
Provisional measures regarding Mexico. Order of the Inter-American Court of Human Rights of March 1, 2012,
Considering twenty-seven.
8