7
V
PROVISIONAL MEASURES
15.
On December 18, 2009, the representatives, in the framework of a proceeding for
provisional measures ordered by this Tribunal in the case of Fernandez Ortega et. al. v.
Mexico,22 requested the expansion of said measures in favor of Valentina Rosendo Cantú
and her daughter Yenys Bernardino Rosendo. On December 23, 2009, the President of
the Court at the time, in consultation with the other judges of the Court, issued an Order
wherein she dismissed the request for expansion and requested that the State provide
information regarding the alleged situation of extreme gravity and urgency.23 On
February 2, 2010, the Court ordered the State to adopt the necessary measures to
protect the life and integrity of the alleged victim in the present case.24 At the time of
rendering this Judgment, the provisional measures ordered by the Court remain in force,
and its issuance does not preclude their continuation.
VI
PARTIAL ACKNOWLEDGEMENT OF INTERNATIONAL RESPONSIBILITY
16.
During the public hearing, Mexico made a partial acknowledgement of its
international responsibility as follows:
the Mexican State acknowledges before the Court: first, that the absence of
specialized medical care for Mrs. […] Rosendo Cantú when she filed criminal
charges, constitutes a flagrant violation of Article 8(1) of the American Convention.
Second, that the lack of specialized attention to Mrs. […] Rosendo Cantú, given that
she was a minor at the time the criminal charges were filed, constitutes noncompliance of the Mexican State to protect the rights of the child enshrined in Article
19 of the American Convention on Human Rights. Third, that there have been delays
and absence of due diligence in the investigations, and therefore, there have been
different violations of Articles 8(1) and 25 of the American Convention on Human
Rights. Fourth, that given the delay in the investigations there exists a violation of
Article 5(1) of the same legal instrument with regard to the psychological integrity of
Mrs. […] Rosendo Cantú. These facts and their impact on the compliance of the
obligations derived from the American Convention on Human Rights are the only
responsilities acknowledged by the Mexican State.
17.
Notwithstanding the acknowledgement of international responsibility, the State
asked the Court to assess and rule, “in the context of its examination of the State’s
obligations in light of Articles 8(1) and 25 of the Convention,” on the following aspects:
i) the actions of the ministerial [investigative] authorities within the legal framework in
force; ii) the interventions with a gender perspective carried and the respect for judicial
guarantees; iii) the invitation offered to the victim to participate in the investigations and
the weight of the victim’s statement within the ministerial procedures; iv) the procedural
momentum rendered by the State in the investigation; v) the recent actions taken by
the Military Public Prosecutor’s Office, and vi) the alleged claim filed by Mrs. Rosendo
Cantú before the municipal authorities and medical personnel. In addition, Mexico
indicated that it would not “submit any arguments concerning the use of the military
22
On April 9, 2009, the President at the time, in consultation with the other Judges of the Court,
declared an Order for urgent measures wherein the State was ordered to adopt the necessary measures to
protect the life and personal integrity of the alleged victims in the case of Fernandez Ortega et al. v. Mexico,
among other people. Said Order was later ratified by the Court on April 30, 2009. Cf. Matter of Fernández
Ortega et al. Provisional Measures regarding Mexico. Order of the President of the Inter-American Court of
Human Rights on April 9, 2009, and Matter of Fernández Ortega et al. Provisional Measures regarding Mexico.
Order of the Inter-American Court of Human Rights on April 30, 2009
23
Cf. Case Fernández Ortega et. al. Request for expansion of Provisional Measures regarding the United
Mexican States. Order of the President of the Inter-American Court of Human Rights on December 23, 2009,
Operative Paragraphs 1 and 2.
24
Cf. Case of Rosendo Cantú et al. Provisional Measures regarding the United Mexican States. Order of
the Inter-American Court of Human Rights on February 2, 2010, Operative Paragraph 1.