4
of Mr. Almonte; ii) there is no indication from the information provided by the
petitioners that an agreement has been reached with regard to their protection,
for which reason those individuals are not currently being protected; and iii) the
threats against those individuals would "increase with the opening of an
investigation into the facts;"
c) in a case such as this one, State efforts cannot be based on the assumption
that the individual in question is a fugitive. Rather, they must take into account
that what is at issue could be a forced disappearance and that the individual
affected could be in a situation of extreme risk, especially when there is evidence
favoring this possibility, and
d) the nature of the rights threatened - the right to life and to personal integrity constitutes "the extreme irreparable nature of the consequences that these
provisional measures seek to prevent."
4.
The Inter-American Commission's request, based on Article 63(2) of the American
Convention and Article 27 of the Rules of Procedure of the Court, to require the State to
carry out the following:
a) adopt the measures necessary to establish the whereabouts of Mr. Juan
Almonte Herrera and report immediately to the Inter-American Court and to his
relatives in this regard;
b) once his whereabouts are determined, take the measures necessary to protect
Mr. Juan Almonte Herrera’s life and personal integrity after carrying out an
evaluation of the reasons behind his disappearance while in State custody. These
measures must be agreed upon with the possible beneficiary and his
representatives;
c) take, without delay, the measures necessary to safeguard the life and personal
integrity of Yuverky Almonte Herrera, Joel Almonte, Ana Josefa Montilla, Genaro
Rincón and Francisco de León Herrera and report immediately to the InterAmerican Court. In the event that Ms. Ana Josefa Montilla is abroad, grant her the
aforementioned measures as soon as she returns;
d) launch an investigation into the facts motivating the request for provisional
measures as a mechanism for preventing any situation that puts the life and
personal safety of Juan Almonte Herrera, Yuverky Almonte Herrera, Joel Almonte,
Ana Josefa Montilla, Genaro Rincón and Francisco de León Herrera at risk.
e) reach an agreement with the beneficiaries on the most appropriate
mechanisms for implementing the protective measures in such a way as to ensure
their effectiveness and relevance; and
f) report on the measures taken under the foregoing clauses.
5.
The March 11, 2010, note through which the Secretariat of the Court, following
the instructions of the President of the Tribunal, asked the State to submit any comments
it deems pertinent with regard to this request for provisional measures (supra Having
Seen 1).