against her that led to the provisional measures, and the case before the Court of Mrs.
Fernández Ortega, and the threats that she and her defenders suffer, without sufficient
information regarding "whether the investigations of the preliminary investigation are
linked with the investigation into the facts of the case or regarding possible lines of
investigation.” It also emphasized the importance of investigating the threats made in
a comprehensive manner, considering that “the implementation of [the] measures of
protection, together with the investigation to determine the source of the risk in which
the beneficiaries are in, and the effective punishment, are crucial factors to prevent the
occurrence of more irreparable harm.” It stressed that “the impunity in which the case
remains [regarding the rape of Mr. Rosendo Cantu], including the failure to forward the
case to the ordinary jurisdiction, is one of the elements that has not allowed for
substantial progress regarding the elimination of risk factors for the beneficiaries [...]
through the administration of justice.” It affirmed that “it is not clear from the
information provided by the State whether it is necessary that the beneficiaries have to
go to ratify the expert report of the psychologist or whether it is enough that said
professional ratifies it.”
31. The Court first notes that the representatives and the Commission refer in this
aspect both to the investigation of the events that led to the adoption of provisional
measures, as well as to the investigation of the facts related to the case on the merits
resolved by the Court through the Judgment on preliminary objections, merits,
reparations and costs, issued on August 31, 2010 in the case of Rosendo Cantú et al.
In this regard, and notwithstanding any relationship that might exist between the two
procedures, the analysis of the effectiveness of the investigation carried out
domestically on the facts related to this Judgment, as well as the intervention of the
ordinary criminal courts, should be done under the monitoring of compliance with the
Judgment.
32. In relation to the obligation to investigate the facts in the complaint that resulted
in the present measures, the Court recalls that Article 1(1) of the American Convention
establishes that the State has the general obligation to respect the rights and liberties
recognized therein and to guarantee their free and full exercise to each person subject
to its jurisdiction. As a consequence, independent of the existence of specific
provisional measures, the State is especially obligated to guarantee the rights of the
persons in situations of risk and must promote the necessary investigations in order to
clarify the facts, and where necessary, punish those responsible.11 Nevertheless, this
Court has noted that the analysis of the effectiveness of investigations and proceedings
concerning the facts that motivate the provisional measures should be done in the
examination of the merits of the case. 12
11
Cf. Case of Velásquez Rodríguez. Provisional Measures regarding Honduras. Order of the InterAmerican Court of Human Rights of January 15, 1988, Considering Clause 3; Matter of Caballero Delgado
and Santana. Provisional Measures regarding the Republic of Colombia. Order of the Inter-American Court of
Human Rights of November 25, 2010, Considering Clause 21, and Matter of the Mapiripán Massacre.
Provisional Measures regarding the Republic of Colombia. Order of the Inter-American Court of Human
Rights of March 1, 2011, Considering Clause 32.
12
Cf. Matter of Pilar Noriega García et al. Provisional Measures regarding México. Order of the InterAmerican Court of Human Rights of February 6, 2008, Considering Clause 24; Matter of Giraldo Cardona et
al. Provisional Measures regarding the Republic Colombia. Order of the Inter-American Court of Human
Rights of February 22, 2011, Considering Clause 42, and Matter of Caballero Delgado and Santana, supra
note 11, Considering Clause 24.
11