33. The Court notes that in this case, the State, although it has only reported on
some procedures taken in connection with the investigation of the allegations,
confirmed that it is willing to provide the legal guarantees necessary to adapt the
procedure to the special needs of the beneficiaries in order for them to appear before a
court to continue with the respective proceeding (supra Considering clause 28).
Moreover, the representatives initially demonstrated the “broad willingness of [Mrs.
Rosendo Cantú] to appear before the authorities to contribute to the clarification of the
facts.” In this manner, the Court considers it convenient for the parties to agree on
appropriate mechanisms for a possible statement of the beneficiaries that does not
imply any damage to the emotional or psychological state, which could involve the
taking of a statement by female personnel of the public prosecutor’s office, in a
trustworthy environment for the beneficiaries, in a tranquil environment and with
psychological assistance by the professionals that usually accompany her.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In use of the powers conferred upon it in Article 63(2) of the American Convention on
Human Rights and Article 27 of the Rules of the Tribunal,
DECIDES TO:
1.
Require the State to continue adopting the measures that may be necessary to
protect the life and personal integrity of Valentina Rosendo Cantú and Yenis Bernardino
Rosendo, taking into account the situation and specific circumstances of the case.
2.
Require the State to continue reporting to the Inter-American Court of Human
Rights, every two months, as of legal notice of this Order, on the provisional measures
adopted in conformity with this decision.
3.
Request the representatives of the beneficiaries and the Inter-American
Commission on Human Rights to present their observations in a period of two and four
weeks, respectively, as of legal notice of the reports of the State noted in operative
paragraph 2. Moreover, the representatives should respond to the request for
information noted in Considering clause 25 of this Order.
4.
Request the Secretariat to provide legal notice of the present Order to the
United Mexican States, the Inter-American Commission on Human Rights, and the
representatives of the beneficiaries.
Judge Vio Grossi presented his Dissenting Vote before the Court, and Judges GarcíaSayán, Franco, Ventura Robles, Macaulay and Abreu Blondet presented their
Concurring Opinion, which accompany this Order.
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