Order of the
Inter-American Court of Human Rights*
of April 30, 2009
Provisional Measures
regarding México
Matter of Fernández Ortega et al.
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter, “the
Inter-American Commission” or “the Commission”) of April 7, 2009 and its appendixes
received on April 8, 2009, by means of which the Commission brought to the jurisdiction of
the Inter-American Court of Human Rights (hereinafter, “the Inter-American Court”, “the
Court” or “the Tribunal”) a request for provisional measures, in accordance with Articles
63(2) of the American Convention on Human Rights (hereinafter, “the Convention" or “the
American Convention"), 26 of the Court's Rules of Procedure (hereinafter, “the Rules of
Procedure") and 74 of the Commission's Rules of Procedure in order for the Mexican State
(hereinafter, "México" or “the State") to protect the life and physical integrity of Obtilia
Eugenio Manuel and her family; of forty-one members of the Organización del Pueblo
Indígena Tlapaneco (hereinafter, "OPIT”) [Indigenous Organization of Tlapanec People] ");
of Inés Fernández Ortega and her family; of twenty-nine members of the Centro de
Derechos Humanos de la Montaña Tlachinollan A.C. (hereinafter, "Tlachinollan") [Human
Rights Center of the Tlachinollan Mountain] as well as of the next-of-kin of Mr. Raúl Lucas
Lucía and Manuel Ponce Rosas.
2.
The alleged facts on which the request for provisional measures filed by the
Commission is based, to wit:
a)
The Inter-American Commission ordered precautionary measures: i) on January
14, 2005 (MC 6-05) in favor of Obtilia Eugenio Manuel, her husband, Cuauhtémoc
Ramírez Rodríguez, her daughters Kuaia Emilia and Sa’an Isabel, her son
Cuauhtémoc Ramírez Manuel and her sister, Andrea Eugenio Manuel, all of them are
Me' Phaa (Tlapaneco) indigenous people and members of OPIT, due to the threats,
surveillance acts and harassment Obtilia Eugenio Manuel allegedly suffered because
of her role in the defense of the indigenous rights in the State of Guerrero and, ii) on
September 4, 2007 (MC 167-07) in favor of Inés Fernández Ortega, whose case is
under the consideration of the Commission; her husband, Fortunato Prisciliano
Sierra; her daughters Noemí, Ana Luz and Nélida Prisciliano Fernández and his son,
*
On April 27, 2009 Judge Sergio García Ramírez, Mexican, disqualified himself from hearing the instant
matter, in accordance with Articles 19 of the Statute and 20 of the Rules of Procedure of the Court, which was
accepted by this Tribunal. For such reason, Judge García Ramírez did not participate in the deliberation and
signature of this Order.