Order of the
Inter-American Court of Human Rights
of February 2, 2010
Provisional Measures regarding Mexico
Matter of Rosendo Cantú et al.
HAVING SEEN:
1.
The Order issued by the then-President (hereinafter “the President”) of the InterAmerican Court of Human Rights (hereinafter “the Inter-American Court,” “the Court” or
“the Tribunal”) on April 9, 2009, by which it required the United Mexican States (hereinafter
“Mexico” or “the State”) to immediately adopt the measures that were necessary to protect
the life and personal integrity of Obtilia Eugenio Manuel and certain next of kin; of Inés
Fernández Ortega and certain next of kin, of 41 members of the Tlapaneco Indigenous
People Organization and of 29 members of the Montaña Tlachinollan Organization, and the
next of kin of Raúl Lucas Castro and Manuel Ponce Rosas, in the case of Fernandez Ortega
et al.
2.
The Order issued by the Tribunal on April 30, 2009, by which it ratified the Order of
the President of the Inter-American Court of April 9, 2009.
3.
The brief of December 18, 2009, and its appendixes, by which the Tlapaneco
Indigenous People Organization A. C. (OPIT), the Center for Human Rights of the Montaña
Tlachinollan, A. C. (Tlachinollan) and the Center for Justice and International Law (CEJIL)
(all together hereinafter “the representatives”), submitted to the Inter-American Court a
request for the extension of the provisional measures in the procedure related with the Inés
Fernández Ortega et al. case, in conformity with Article 63 of the American Convention on
Human Rights (hereinafter “the American Convention” or “the Convention”) and Article 26 of
the Rules of the Court then in force, with the purpose of Mexico protecting the life and
personal integrity of Valentina Rosendo Cantú and her daughter Yenis Bernardino Rosendo.
4.
The alleged facts upon which the request for provisional measures was based
presented by the representatives, namely:
a)
Valentina Rosendo Cantú (hereinafter also “Ms. Rosendo”) and her daughter,
Yenis Bernardino Rosendo, live alone in the city of Chilpancingo (the capital of the
state of Guerrero) far from their community, “as a consequence of the [alleged]
sexual violation suffered by [the first] at the hands of the military;”
b)
On October 12, 2009, when Ms. Rosendo left her work, she noticed a man in
the sidewalk in front observing the house from which she had left and he followed
her. When she stopped in a store, such person continued watching her, so she chose
to return to the house where she worked. Four hours later, when she again left for
her home, Ms. Rosendo noticed the presence of the same person that had been