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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