70
acted upon as in the case of his brother Lorenzo.” Following submission of the brief
on pleadings and motions, they referred to threats against Obtilia and Andrea
Eugenio Manuel, both members of OPIM, and in their final written arguments, they
narrated a series of threats suffered by Ana Luz Prisciliano Fernández on May 17,
2010. They indicated that the threats and harassment “constitute a violation of
judicial guarantees and judicial protection, because they are strictly related to the
search for justice by […] Mrs. Fernández Ortega and her representatives.” The
representatives concluded that “until the State adopts effective measures to ensure
that the victim can exercise her right of access to justice safely, and without threats
because she is doing this, her rights […] as established in Articles 8 and 25 of the
Convention are being violated.”
210. The State indicated that “during the investigation of the facts reported by
Mrs. Fernández Ortega, no elements were found that reveal […] persecution,
discrimination, false accusations or threats committed by State agents against the
alleged victim or her family.” To the contrary, the alleged victim and her family
“possess all the remedies established in domestic law to denounce possible
accusations or threats. In addition, it had implemented the necessary measures to
protect Mrs. Fernández Ortega and her family, such as the provisional measures in
force [in this case].” Furthermore, it indicated that “the alleged threats against
OPIM and the members of the Tlapaneca community exceed the litis in this case.”
Mexico concluded that the provisional measures in force are designed to protect
rights distinct from those in dispute in this case, they were not indicated in the
application, and they do not constitute supervening facts. (supra para. 68).
211. Regarding the alleged facts, the Court has verified that in 2007, Mr.
Prisciliano Sierra filed a complaint for the offenses of injuries, threats and “bearing”
forbidden weapons, owing to events that took place on June 30, 2007.229 In
addition, Mrs. Eugenio Manuel reported a series of acts of harassment and threats
against her that took place between 2002 and the date of the complaint.230
Furthermore, the evidence in the case file reveals that Lorenzo Fernández Ortega
was found dead on February 10, 2008, in Ayutla de los Libres, and that there were
numerous injuries to his body. During the procedure in which his body was
returned to his family, a complaint was filed for the crime of murder.231
212. Mrs. Fernández Ortega and Mr. Prisciliano Sierra mentioned in their
declarations before a public notary the specific acts that took place in 2007 and in
February 2009, in which soldiers had harassed Mr. Prisciliano to withdraw the
complaint, and destroyed the family’s harvest.232
213. From the foregoing, it is clear that specific acts of harassment and threats
have occurred against Mrs. Fernández Ortega and her next of kin, as well as other
persons. Nevertheless, these facts are being considered by the Court by means of
the provisional measures ordered opportunely, (supra para. 15) and they do not
form part of the purpose of the litigation of the present contentious case.
229
Cf. Office of the Public Prosecutor of the Common Jurisdiction of the Allende Judicial District.
Opening of Criminal Action 52/2008-II, supra note 30, folios 5589 and 5590
230
Cf. Preliminary Investigation ALLE/SC/01/065/2006. Order of criminal action and reparation for
harm, supra note 30, folios 5649 to 5669.
231
Cf. Office of the Public Prosecutor of the Common Jurisdiction of the Allende Judicial District.
Preliminary Investigation ALLE/SC/01/032/2008 for homicide, supra note 30, folios 5714 to 5725
232
Cf. Sworn statement of Mr. Prisciliano Sierra made before public notary, supra note 66, folio
969, and sworn statement made before public notary by Mrs. Fernández Ortega, supra note 62, folios
1482 to 1491.
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