ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 25, 2010
CASE OF FERNÁNDEZ ORTEGA ET AL. v. MEXICO
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on preliminary objection, merits, reparations and costs handed down
on August 30, 2010 (hereinafter “the judgment”), by the Inter-American Court of Human
Rights (hereinafter “the Inter-American Court” or “the Court”), in which it ordered, inter
alia, that:
11.
The State must conduct in the ordinary jurisdiction, with due diligence and within a
reasonable time, the investigation and, if appropriate, the criminal proceedings with regard to the
rape of Mrs. Fernández Ortega, in order to determine those criminally responsible and, if
appropriate, to apply the punishments and other consequences that the law dictates, as
established in paragraphs 228 to 230 of th[e] judgment.
[…]
15.
The State must carry out a public act acknowledging its international responsibility
regarding the facts of the present case, in the terms of paragraph 244 of the […] judgment.
16.
The State must make the publications ordered, pursuant to the provisions of paragraph
247 of the […] judgment.
[…]
21.
The State must grant scholarships for study at Mexican public institutions to Noemí, Ana
Luz, Colosio, Nelida, and Neftalí, all with the surname Prisciliano Fernández, pursuant to the
provisions of paragraph 264 of th[e] judgment.
22.
The State must facilitate the necessary resources for the indigenous Me’paa community to
establish a community center, to be considered a women’s center, where educational activities on
human rights and the rights of women are carried out, pursuant to paragraph 267 of the […]
judgment.
23.
The State must adopt measures to ensure that the girls of the community of Barranca
Tecoani who are enrolled in secondary school in the city of Ayutla de los Libres have adequate
food and lodging, so that they can continue their education in the institutions they attend.
Notwithstanding the above, the State may comply with this measure by opting to establish a
secondary school in the said community, in the terms of paragraph 270 of th[e] judgment.
[…]
23.
The State must pay the amounts established in paragraphs 286, 293, and 299 of the […]
judgment for pecuniary and non-pecuniary damage, and to reimburse costs and expenses, as
appropriate, within one year of notification of the […] judgment, in the terms of paragraphs 300
to 307 [t]hereof.
2.
The note of the Secretariat of the Court (hereinafter “the Secretariat”) of October 1,
2010, in which, on the instructions of the President of the Court (hereinafter “the
President”), it asked the representatives to “forward the express written consent of Mrs.
Fernández Ortega concerning the publication of specific measures of reparation established
in paragraphs 230, 244 and 247 of the judgment.”