situation is one of extreme gravity and requires the State’s immediate and effective
response;
c)
regarding the standard of extreme urgency, the Commission noted that “the
alleged failure to ensure adequate measures of protection and the alleged lack of
progress in the investigation of the threats and violence against Margarita MartínezMartínez –allegedly committed or tolerated by State agents— are elements that
support this requirement;”
d)
that the Court should take into consideration the lack of concrete effects of
the precautionary measures as a factor to presume that a person’s situation is
grave;
e)
that it considers it important to highlight the essential role played by human
rights defenders in society and the crucial need to protect their “life, personal
integrity, personal liberty, and freedom of expression.” It also stated that “the
special impact of the attacks against human rights defenders lies in its harmful
effect, which goes beyond the direct victims,” and
f)
that given the Court’s constant practice of using the prima facie assessment
standard and the application of presumptions to the immediate requirements for
protection, the Court has sufficient information to admit the request for provisional
measures.
6.
The communication of November 25, 2011, in which the Secretariat of the Court
(hereinafter "the Secretariat") sent a copy of the request for provisional measures to the
State. Also, following the instructions of the plenary of the Court, it requested that the State
submit, no later than December 5, 2011, any observations it deemed relevant regarding the
request, as well as any other information or documentation deemed appropriate, in order
for the Court to consider the Commission’s request with all the necessary information.
7.
The brief of December 6, 2011, in which the State referred “to the request for
information concerning the situation of Mrs. Margarita [...] Martínez Martínez, her husband
Adolfo Guzmán Ordaz, and their children [...], in order to assess the admissibility of a
request for provisional measures in her favor.” In this regard, the State submitted its
observations on the various facts noted by the Commission in its request for provisional
measures. These are:
Events that took place prior to the adoption of precautionary measures
a)
regarding the alleged events of November 8, 2009, the State indicated that
on November 23, 2009, Mr. Adolfo Guzmán Ordaz and Mrs. Margarita Guadalupe
Martínez Martínez filed a formal written complaint before “the Special Prosecutor for
Protection and Assistance of Nongovernmental Organizations for the Defense of
Human Rights (hereinafter “FEPAONGDDH” for its Spanish acronym), for the crimes
of Torture, Raiding Premises, Abuse of Authority and any crimes that might be
committed to their detriment, and against the person or persons responsible.” The
State specified that “at this time, FEPAONGDHH offered to implement precautionary
measures to ensure the physical integrity of Mr. Adolfo Guzmán Ordaz and his
family, to prevent a situation that is difficult or impossible to remedy, which were not
accepted by the offended party.”
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