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VIII
FACTS
53. In this chapter, the Court will set out the relevant facts concerning: (A) the context in which
the facts occurred; (B) the individual facts relating to the eleven women presumed victims in this
case, and (C) the facts relating to the investigations conducted as a result of those facts.
A. Context
A.1 Preliminary considerations
54. Before analyzing the context, the Court wishes to emphasize that the facts of this case
occurred in a democratic State. In this regard, the Court stresses that representative democracy
is one of the pillars of the whole system of which the Convention forms part, and a principle
reaffirmed by the States of the Americas in the OAS Charter, a fundamental instrument of the
inter-American system.55 The OAS Charter, the constituent treaty of the organization of which
Mexico is a State Party since November 23, 1948, establishes as one of its essential purposes
“[t]o promote and consolidate representative democracy, with due respect for the principle of
non-intervention.”56
55. The Court also considers it necessary to emphasize that, according to Article 28 of the
American Convention, the so-called “Federal Clause,” “where a States Party is constituted as a
federal state […] it shall implement all the provisions of the Convention over whose subject
matter it exercises legislative and judicial jurisdiction.” In this regard, the Court has established
clearly that “according to century-old case law, which has not varied to date, a State cannot
argue its federal structure to cease to comply with an international obligation,”57 and that
“international provisions that concern the protection of human rights in the States of the
Americas, […] must be respected by the States of the Americas that are parties to the respective
conventions, regardless of whether theirs is a federal or unitary structure.”58 Thus, the Court
considers that the States Parties must respect and ensure all the rights recognized in the
American Convention to all persons subject to their jurisdiction, without any limitations or
Cf. The Word “Laws” in Article 30 of the American Convention on Human Rights. Advisory Opinion OC-6/86 of May 9,
1986. Series A No. 6, para. 34, and Case of López Lone et al. v. Honduras. Preliminary objection, merits, reparations and
costs. Judgment of October 5, 2015. Series C No. 302, para. 149.
55
Article 2(b) of the Charter of the Organization of American States. Under the inter-American system, the relationship
between human rights, representative democracy and political rights, in particular, is reflected in the Inter-American
Democratic Charter, adopted in the first plenary session on September 11, 2001, during the Twenty-eighth OAS General
Assembly. Articles 1, 2 and 3 of this instrument indicate: “Article 1: The peoples of the Americas have a right to
democracy and their governments have an obligation to promote and defend it. Democracy is essential for the social,
political, and economic development of the peoples of the Americas. Article 2: The effective exercise of representative
democracy is the basis for the rule of law and of the constitutional regimes of the member states of the Organization of
American States. Representative democracy is strengthened and deepened by permanent, ethical, and responsible
participation of the citizenry within a legal framework conforming to the respective constitutional order. Article 3: Essential
elements of representative democracy include, inter alia, respect for human rights and fundamental freedoms, access to
and the exercise of power in accordance with the rule of law, the holding of periodic, free, and fair elections based on
secret balloting and universal suffrage as an expression of the sovereignty of the people, the pluralistic system of political
parties and organizations, and the separation of powers and independence of the branches of government.”
56
Cf. Case of Garrido and Baigorria v. Argentina. Reparations and costs. Judgment of August 27, 1998. Series C No.
39, para. 46, and Case of Garibaldi v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of
September 23, 2009. Series C No. 203, para. 146.
57
The Right to Information on Consular Assistance within the Framework of the Guarantees of Due Process of Law.
Advisory Opinion OC-16/99 of October 1, 1999. Series A No. 16, para. 140, and Case of Garibaldi v. Brazil. Preliminary
objections, merits, reparations and costs. Judgment of September 23, 2009. Series C No. 203, para. 146.
58