12. The Court ordered the adoption of the provisional measures in favor of Mrs.
Rosendo Cantú and her daughter given that their lives and personal integrity were
threatened and in grave risk, as a consequence of being followed, the photographs
taken, and the attempt to deprive her daughter of her liberty mentioned in the prior
Order.9 In the analysis of the continuance of the risk, the Court should adhere
exclusively to the facts related to the adoption of these provisional measures or new
circumstances that require they be maintained. Therefore, it will not refer to or analyze
any situation related to the facts regarding the provisional measures adopted in the
case of Fernández Ortega et al. (infra Considering clause 13 and 30), nor to the
references of the alleged risk suffered by the family members of the beneficiaries in
the present provisional measures (infra Considering clause 18), who are not
beneficiaries in this case. Since the adoption of the measures to the present, new facts
have come about that allegedly could compromise the security of the beneficiaries
(supra Considering clause 7), those of who have had to adopt, on their own, specific
measures of protection, as well as accompaniment by members of the Peace
Brigades,10 keeping the new address a secret, and changing their daily routine. These
circumstances were confirmed in the report on the risk issued by Peace Brigades.
13. Likewise, the Court appreciates the willingness of the State to accept the risk
assessment issued by Peace Brigades as a mechanism to comply with operative
paragraph 2 of the Order of February 2, 2010 (supra Considering clause 5), wherein
the Court requested that Mexico, among other things, present a report wherein it
identifies and establishes the risk that looms over the beneficiaries of the present
provisional measures. The mentioned report determined that the beneficiaries “are
faced with a high, imminent, and continuous risk[.] The history of her being watched
and the direct aggression towards her and her daughter, the pattern of similar
aggressions towards Inés Fernández Ortega and her family members, […] and the
threats to other persons directly related to the case, demonstrate the extreme gravity
in the situation. [. The] situation [is] urgent, for which the full implementation of the
[proposed] measures is deemed necessary. [Likewise, her] family members are also in
a situation of high risk.”
14. Although facts of a grave nature of not been recently reported, the Court
considers that the risk to the detriment of the beneficiaries persists in this case. The
Court considers that the facts that gave rise to the provisional measures occurred in a
American Court of Human Rights of July 6, 2009, Considering Clause 15; Matter of Monagas Judicial
Confinement Center ("La Pica"); Matter of Yare I and Yare II Capital Region Penitenciary Center Matter of the
Penitentiary Center of the Central Occidental Region (Uribana Prison), and Matter of Capital El Rodeo I & El
Rodeo II Judicial Confinement Center, Provisional Measures regarding Bolivarian Republic of Venezuela.
Order of the Inter-American Court of Human Rights of November 24, 2009, Considering clause 4, and Matter
of A. J. et al, supra note 6, Considering Clause 11.
8
Cf. Case of Carpio Nicolle et al, supra note 7, Considering Clause 18. Matter of Ramírez Hinostroza
et al. Provisional Measures regarding the Republic of Perú. Order of the Inter-American Court of Human
Rights of February 3, 2010, Considering Clause 30. Matter of Caballero-Delgado and Santana. Provisional
Measures regarding Colombia. Order of the Inter-American Court of Human Rights of February 3, 2010,
Considering Clause 12.
9
Cf. Matter of Rosendo Cantú et al, supra note 4, Considering clauses 8 and 12.
10
Peace Brigades noted in its report that since May of 2009, it took on the direct accompaniment of
the beneficiaries, due to “the harassment and attacks” suffered, wherein it includes, among others, the
physical presence of the international volunteers and their daily functions, regular visits to the home, and
regular meetings with national authorities.
5