6
c) the person in charge of the Police Station of Sector 41-XII Chilapancingo of the
State of Guerrero manifested that “no request for help […] nor any incident by the
part of [Ms. Rosendo and her daughter] has been received or registered.”
10.
That Article 63(2) of the Convention demands that for the Court to provide
provisional measures, three conditions must coincide: i) “extreme gravity,” ii) “urgency,”
and iii) and to “avoid irreparable damage to persons.” These three conditions are coexistent and must be present in every situation in which the intervention of the Tribunal is
requested.6
11.
That when issuing measures of protection, the Tribunal or whoever is presiding is not
required, in principle, to find evidence of the facts that prima facie appear to fulfill the
requirements of Article 63 of the Convention. On the contrary, the maintenance of the
measures of protection demand an evaluation by the Court regarding the persistence of the
situation of extreme gravity and urgency to avoid irreparable damage that gave origin to
the measures,7 on the basis of the evidentiary information.8
12.
That the information presented by the representatives and the State (supra
Considering 8 and 9) demonstrate, prima facie, that Ms. Rosendo and her daughter, who
are the presumed victims in a case before the Court regarding, inter alia, the alleged sexual
violation against Ms. Rosendo, supposedly committed by military personnel, and with the
lack of an investigation of such facts, are found in a situation of extreme gravity and
urgency, so that their lives and personal integrity shall be threatened and in grave risk. This
results from the alleged followings carried out, the photographs taken, and the attempt to
deprive the liberty of the girl. Consequently, the Tribunal finds necessary the protection of
said persons through provisional measures, in light of that provided in the Convention.
13.
That without prejudice to the aforementioned and in consideration of that put forth,
the Court deems appropriate to order: a) that the State present a report that identifies and
establishes the risk of threat for the beneficiaries of the present provisional measures, and
timely defines the measures and means of specific, adequate, and sufficient protection to
avoid that the risk materializes, and b) that the representatives present information that
permits the Tribunal to evaluate the persistence of the situation of extreme gravity and
urgency and of the need to avoid irreparable damage to the beneficiaries. Also, the Court
finds it necessary that the representatives clarify their account of the facts. In this sense,
the Court warns that, on one hand, it declares that in October of 2009, on two
opportunities, Ms. Rosendo was followed by the same person (supra Considering 4.b), while,
6
Cf. Case of Carpio Nicolle et al. Provisional Measures regarding Guatemala. Order of the Inter-American
Court of Human Rights of July 6, 2009, Considering fourteenth; Case of the Rochela Massacre, supra note 2,
Considering fourteenth, and Matter of Guerrero Larez, supra note 2, Considering tenth.
7
Cf. Matter of Pueblo Indígena Kankuamo. Provisional Measures regarding Colombia. Order of the InterAmerican Court of Human Rights of April 3, 2009Considering seventh; Matters of Monagas Judicial Confinement
Center ("La Pica"); Matter of Yare I and Yare II Capital Region Penitentiary Center; Matter of the Penitentiary
Center of the Central Occidental Region (Uribana Prison), and Matter of Capital El Rodeo I & El Rodeo II Judicial
Confinement Center, supra note 3, Considering fourth, and Matter of A.J. et al. Provisional Measures regarding
Haiti. Order of the Inter-American Court of Human Rights of September 21, 2009, Considering eighteenth.
8
Cf. Caso Carpio Nicolle et al., supra note 6, Considering fifteenth; Matters of Monagas Judicial Confinement
Center ("La Pica"); Matter of Yare I and Yare II Capital Region Penitentiary Center; Matter of the Penitentiary
Center of the Central Occidental Region (Uribana Prison), and Matter of Capital El Rodeo I & El Rodeo II Judicial
Confinement, supra note 3, Considering fourth, and Matter of A.J. et al., supra note 7, Considering eighteenth.