10
18.
Mr. Juan Almonte Herrera and Yuverky Almonte Herrera, Ana Josefa Montilla, Joel
Almonte, Genaro Rincón and Francisco de León, indicated by the Inter-American
Commission in its request for provisional measures, are prima facie facing a situation of
extreme gravity and urgency, given that their personal integrity and lives are threatened
and at grave risk. As a consequence, the President finds the protection of those
individuals through provisional measures necessary in light of the provisions of the
American Convention.
19.
However, Ms. Ana Josefa Montilla is not in the Dominican Republic. Regarding
this, and as the Tribunal has done on prior occasions, as well as taking into account the
specific context of this matter, the President finds it pertinent for the State to take
protective measures to her benefit to be implemented once Ms. Montilla returns to the
territory within its jurisdiction.10 Toward doing so, it is essential for Ms. Montilla or her
representatives to notify the State with all due anticipation on her eventual return to the
Dominican Republic so that the State might be able to take the proper measures for her
protection.
20.
In addition, the President observes that in its brief requesting provisional
measures (supra Having Seen 1) the Inter-American Commission specifically indicated
that “without prejudice to the fact that the design and implementation of the protective
measures must be carried out by the State and in agreement with the possible
beneficiaries, it is necessary to keep in mind that the individuals assigned to protect the
beneficiaries should not be connected with the National Police." This is based on the fact
that the threats toward and harassment of Mr. Almonte Herrera’s relatives and attorneys
have been carried out by members of that police force. In a communication dated March
16, 2010, (supra Having Seen 9) the Commission reiterated its request.
21.
The information submitted by the Commission, the representatives, and the State
(supra Considering 8 to 13) demonstrates, prima facie, that the individuals indicated by
the Inter-American Commission in its request for provisional measures and in the Order
of the President are facing a situation of extreme gravity and urgency, given that their
personal integrity and lives are threatened and at grave risk. As a consequence, the
Inter-American Court finds the protection of those individuals through provisional
measures necessary in light of the provisions of the American Convention.
22.
The provisional measures must be designed and implemented with the full
participation of their beneficiaries and representatives, taking into account their special
need for protection in accordance with the specific circumstances of this matter. The
State shall weigh the particular risks faced by each of the beneficiaries in order to
determine the specific protective measures.
*
*
*
22.
The President deems it crucial for the State to submit to the Tribunal, within the
time period established in the operative paragraphs of this order, specific and detailed
information on the provisional measures implemented to the benefit of each of the
beneficiaries in order for those measures to be assessed by the Tribunal as soon as
10
Cf. Case of Wilson Gutiérrez Soler v. Colombia. Provisional Measures. Order of the Inter-American
Court of Human Rights of July 9, 2009, Considering 22.