something that had put the parents on alert, as the strangers had been taking
photos of the students;
h)
on September 29, 2011, a truck passed in front of the petitioners´ home,
with the former President of Comitán and his bodyguards, who were allegedly
involved in the events of November 8, 2009;
i)
on October 3, 2011, strange vehicles were seen apparently following the
petitioners and prowling around their home;
j)
on October 17, 2011, one of Margarita Martínez Martínez’s bodyguards
resigned, a fact that was reported to the competent authorities and, at the time of
submitting the request for the provisional measures, the guard has not been
replaced. According to the petitioner, she was to be assigned at least eight
bodyguards, four on the day shift and four on the night shift. Given that the number
of guards is insufficient to protect all the family members and that the petitioners are
sometimes left unprotected, they felt that they were at risk and vulnerable. They
also mentioned certain failings with regard to the transport and that the video
cameras were not functioning;
k)
on October 20, 2011 Margarita Martínez Martínez received a threat at her
home warning her that "[j]ust so you know there is no justice, better to [s]hut your
mouth if you don’t want to disappear, we are the law and we are protected, death,
death, death”; and
l)
on October 21, 2011, the representatives filed a third petition for the
Commission to request provisional measures in favor of Margarita Martínez Martínez,
Adolfo Guzmán Ordaz and their two children, Ada Saraí Martínez Martínez and
Eduardo Abel Leon Martínez, in relation to the events that occurred on October 17
and 20, 2011. The petitioners indicated that the State had been incapable of
preventing and investigating the incidents and punishing those responsible. They
added that the State had been unable to conduct a serious investigation regarding
the violent events of November 8, 2009, and February 25, 2010, and that therefore
“the risk still remains.”
5.
The Commission’s arguments to support its request for provisional measures are:
a)
the extreme gravity of the actions, threats, stalking, and harassment to which
Margarita Martínez Martínez, Adolfo Guzmán Ordaz and their family have been
subjected, presumably in retaliation for Mrs. Martínez Martínez´ activities as a
human rights defender and for denouncing her own situation. The warning of further
violence given the threat received on October 20, 2011, “the continuity of the
alleged stalking, the lack of investigation of the facts that gave rise to the
precautionary measures and a number of failings in the protective measures
provided by the State, suggests that the situation of the [petitioners] is at a much
higher level of gravity.” It added that the information provided by the petitioners
indicates that the perpetrators of these acts are aware of their circumstances and
activities;
b)
that Mrs. Margarita Martínez Martínez’s children are in a situation of grave
risk which requires special measures of protection in response to their situation of
vulnerability. The Commission found clear evidence that the stalking includes the
activities of the two children and that the threats also extend to them. Therefore, the
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