INTER-AMERICAN COURT OF HUMAN RIGHTS
FERNÁNDEZ ORTEGA ET AL. V. MEXICO
JUDGMENT OF AUGUST 30, 2010
(Preliminary Objections, Merits, Reparations, and Costs)
In the case of Fernández Ortega et al.,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court”
or “the Court”), composed of the following judges:
Diego García Sayán, President;
Leonardo A. Franco, Vice President;
Manuel E. Ventura Robles, Judge;
Margarette May Macaulay, Judge;
Rhadys Abreu Blondet, Judge;
Alberto Pérez Pérez, Judge;
Eduardo Vio Grossi, Judge, and
Alejandro Carlos Espinosa, Judge ad hoc;
also present,
Pablo Saavedra Alessandri, Secretary, and
Emilia Segares Rodríguez, Deputy Secretary,
pursuant to Articles 62(3) and 63(1) of the American Convention on Human Rights
(hereinafter also “the Convention” or “the American Convention”) and Articles 30,
38(6), 56(2), 58, 59, and 61 of the Rules of Procedure of the Court1 (hereinafter
“the Rules of Procedure”), delivers this Judgment.
I
INTRODUCTION OF THE CASE AND PURPOSE OF THE DISPUTE
1.
On May 7, 2009, in accordance with the provisions of Articles 51 and 61 of
the American Convention, the Inter-American Commission on Human Rights
(hereinafter “the Inter-American Commission” or “the Commission”) submitted to
the Court an application against the United Mexican States (hereinafter “the State”
or “Mexico”), which originated from the petition filed on June 14, 2004, by Inés
1
As stipulated in Article 79(1) of the Court’s Rules of Procedure that entered into force on June
1, 2010, “[c]ontentious cases submitted to the consideration of the Court before January 1, 2010, will
continue to be processed in accordance with the preceding Rules of Procedure until the delivery of a
judgment.” Consequently, the Court’s Rules of Procedure mentioned in this judgment correspond to the
instrument approved by the Court at its forty-ninth regular session, held from November 16 to 25, 2000,
partially amended at its eighty-second regular session held from January 19 to 31, 2009.