22
the present case, the irreparable nature of the extremely serious and urgent risk
relates to the rights to life and humane treatment of the beneficiaries’ family members.
48.
By virtue of the preceding considerations, the Tribunal finds that the situations
described reveal a prima facie situation of extreme gravity and urgency that justify the
adoption of protective measures in order to avoid irreparable harm to persons.
Consequently, the Court finds it necessary for the State to adopt the measures
necessary to protect the lives and right to humane treatment of the aforementioned
family members of Rocío Irene Alvarado Reyes, Nitza Paola Alvarado Espinoza, and
José Ángel Alvarado Herrera.
b. Regarding the representatives of the beneficiaries
49.
Concerning the representatives’ situation, in addition to the arguments already
presented (supra Considering 33-34), the Inter-American Commission observed that
the State had not reported on the measures of protection it implemented in favor of the
family members and representatives, nor on its follow-up activities after the meetings
of March 10 and May 19, 2010 (supra Considering 11, 15, 34). The Commission was of
the position that the risk to the proposed beneficiaries had to be considered in the
context of harassment and intimidation that began in January 2010, which “[i]n
accordance with the most recent facts, [...] would now be extended to the
representatives of the beneficiaries.”
50.
In particular, in the Commission’s response to President of the Court’s request
for additional, specific information (supra Having Seen 9), it attached the following
information submitted by the representatives relating to the risk they face:
a) The representatives of the beneficiaries for whom the expansion of the present
provisional measures was sought were: from the Commission of Solidarity and
Defense of Human Rights (COSYDDHAC), Fr. Javier Ávila, S.J., President, and
Emilia González Tercero; from the Center for Human Rights of Paso del Norte,
Fr. Oscar Enríquez, Francisca Galván, and Patricia Galarza Gándara; and from
the Women’s Human Rights Center (CEDEHM), Luz Esthela Castro Rodríguez,
General Coordinator, and Brenda Andazola.
b) Specifically, regarding the aforementioned representatives they indicated,
among other things, that Luz Esthela Castro Rodríguez, Emilia Gonzáles Tercero,
and Francisca Galván were lawyers and representatives in the Alvarado case, for
which reason they have “accompanied the Alvarado family to meetings with the
State, where members of the military [have] be[en] present.” Francisca Galván
and Patricia Galarza Gándara have also requested copies of the case file before
the PGR; while Brenda Andazola is responsible for following the Alvarado case,
as well as any communications arising therefrom, which has the effect of placing
her in a vulnerable position.
c) The “violence, military occupation, and impunity [in the state of Chihuahua] has
raised the danger to women working for organizations in the defense of human
rights.” Violations to human rights as well as police and military abuse have
risen, while “[n]o official has been handed over or sentenced for these crimes.”
Quite the opposite, “citizen complaints are frequently followed by harassment on
the part of the authorities.” The representatives indicated that in this context of
violence, human rights defenders “face a great risk and are constantly
threatened” especially since some of these “threats have been carried out.” 42
42
In this regard, they provided information in support of this contention, among which are included
statistics from homicides allegedly having occurred in Chihuahua in 2010. They also spoke of facts relating to
the alleged homicides of a human rights defender in January 2010 “who also complained of military abuses in
Juárez” and a journalist in September 2010.
They also referred to constant threats to a defender