8
8.
In particular, it should be taken into account in this matter that both the relatives
of Mr. Juan Almonte and his attorneys have taken several steps toward discovering his
whereabouts, among them: a) the filing of a writ of habeas corpus, which was granted;
b) the Inter-American Commission's request for precautionary measures; c) several
filings before the Office of the Attorney General of the Republic and the Directorate for
Criminal Investigations of the National Police; and d) news items in the media on the
disappearance of Mr. Juan Almonte Herrera. Of the aforementioned steps, the President
has not been informed of specific results or progress that would allow for a clear
determination of Mr. Almonte Herrera’s whereabouts, nor his current situation.
9.
For its part, despite the deadline extension requested (supra Having Seen 6), the
State reported generally on certain actions apparently taken toward locating Mr. Juan
Almonte Herrera and protecting his relatives and representatives. However, it can be
deduced from that information that Mr. Almonte Herrera remains missing. The President
highlights that, despite it having been requested (supra Having Seen 7), the State did
not submit to the Tribunal a copy of the court ruling in which a writ of habeas corpus was
granted to the benefit of Mr. Almonte Herrera, despite having made reference to that
ruling in its comments (supra Having Seen 8(b)).
10.
Likewise, the President observes that the State did not report on whether the
"pertinent steps toward establishing the location [of Mr. Almonte Herrera] and punishing
those eventually determined to be guilty of his disappearance” and the steps taken
toward determining the identity of his "alleged captors" are being carried out in the
context of formal investigations. Furthermore, the State indicated that the office of the
Attorney General this has urged the relatives to file a complaint on the disappearance
(supra Having Seen 8(b), c) and e)).
11.
In this regard, it is important to recall that whenever there is a good reason to
suspect that an individual has been subjected to a disappearance, it is crucial that
prompt and immediate action be taken by prosecutorial and judicial authorities to order
timely and necessary measures aimed at determining the whereabouts of the victim or
the place where the victim might be found deprived of liberty.5 Separately, in situations
of individuals deprived of liberty - like this one - habeas corpus should represent, within
the range of indispensable judicial guarantees, the ideal measure for guaranteeing the
liberty of the individual and overseeing respect for life and protection of the individual's
personal integrity; for ensuring that the detainee is brought before a judicial body
charged with confirming the legality of the detention; and for preventing the
disappearance of the detainee or lack of information on the detainee’s place of detention,
as well as and for protecting the detainee from torture or other cruel, inhuman, or
degrading treatment or punishment6 Nevertheless, despite the habeas corpus ruling
ordering Mr. Juan Almonte Herrera be released for having apparently been detained by
State authorities without a court order, he remains disappeared. Given the lack of
information on his whereabouts, it can be assumed that Mr. Almonte Herrera faces a
5
Cf. Case of Anzualdo Castro v. Peru. Preliminary Objections, Merits, Reparations and Costs. Judgment
of September 22, 2009. Series C No. 202, para. 134, and Matter of Natera Balboa, supra footnote 4,
Considering 13.
6
Cf. Case of Neira Alegría et al. v. Peru. Merits. Judgment of January 19, 1995. Series C No. 20, para.
82; Case of Anzualdo Castro v. Peru, supra footnote 5, para. 72, and Matter of Natera Balboa, supra footnote 4,
Considering 13. Also see Habeas corpus in Emergency Situations (Arts. 27(2), 25(1) and 7(6) American
Convention on Human Rights). Advisory Opinion OC-8/87 of January 30, 1987. Series A No. 8, para. 35.