27
members is not apparent, nor can there be said to exist a situation of extreme gravity
and urgency to the detriment of the representatives because of the disappearance of
the photographs of Nitza Paola and Rocío Irene Alvarado from the offices of the Center
for Human Rights of Paso del Norte (supra Considering 50(e)).
65.
Regarding the representative Emilia González Tercero, the Court notes that she
had been the target of particular intimidation on the part of military officials consistent
with the same pattern of intimidating visits that were conducted against the family
members (supra Considering 54) a short time after the adoption of provisional
measures in the present case. The Tribunal acknowledges the State’s information that
the subpoena in that case was related to a properly constituted investigation, but at the
same time it notes that the same State institution that reported on that investigation in
the State’s name - that is, SEDENA - had provided contrary information to the
representatives. The Court likewise observes the State’s remark that the subpoena was
served without any sort of threat or intimidation; however, the manner in which service
was carried out (which the State did not deny) and the lack of clarity regarding the
circumstances related to the commencement of that investigation could constitute
prima facie an act or form of intimidation.
66.
Therefore, the Court finds that this concrete fact together with the alleged
context of harassment and violence against human rights defenders, which has not
been denied by the State, constitute prima facie evidence of a situation of extreme
gravity and urgency that could give rise to irreparable harm to the lives and right to
humane treatment of Emilia Gonzáles Tercero, for which the Tribunal believes it
appropriate to expand provisional measures to include her. However, based on the
information provided, the Tribunal finds that a prima facie situation of extreme gravity
and urgency leading to possible irreparable harm to the rights of the remaining
representatives in the present case is not justified. Thus, the Court will not expand
provisional measures in their favor at this time.
67.
Without prejudice to the foregoing considerations, the Court deems it
appropriate to recall that Article 1(1) of the Convention establishes the general
obligations of State Parties to respect the rights and freedoms enshrined therein and to
guarantee their free and full exercise to all persons subject to their jurisdiction. These
provisions apply not only in relation to State power, but also with respect to third
parties.47
68.
The Tribunal also stresses the State’s special duty to protect those persons
working in non-governmental organizations as well as other groups or individuals who
work in the defense of human rights because their labor constitutes a positive and
complementary contribution to the State’s efforts in its position as guarantor of the
rights of all persons subject to its jurisdiction.
69.
The State must carry out the relevant procedures such that the provisional
measures mandated in this Order are planned and executed together with the
participation of the beneficiaries of the same or their representatives in order that they
be implemented in a timely and effective manner, keeping in mind their special
protective needs consistent with the specific circumstances of every case. The Court
stresses that the positive participation of the State and, particularly, of the
representatives is essential in order to coordinate the implementation of provisional
measures in this case.
47
Cf. Case of Velásquez Rodríguez, supra note 28, Considering clause three; Matter of the Peace
Community of San José de Apartadó, supra note 28, Considering clause twenty-three; and Matter of the
Araguan Correctional Facility “Tocorón Prison,” supra note 2, Considering clause thirteen.