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Headquarters. However, it has not yet been complied with. On October 4, 2009,
the National Police stated that Mr. Almonte was in their custody. However, they
denied responsibility for his detention and disappearance.
d)
The petitioners indicated that since September 28, 2009, Mr. Almonte
Herrera has been subjected to constant torture in a “secret location” to get him to
confess to his alleged participation in the kidnapping. They pointed to the
possibility that after having been beaten in the head with an aluminum bat, Mr.
Almonte died, together with another individual, on the way to the hospital in a
vehicle that was later intentionally set on fire by police officers;
e)
The Institute for Forensic Pathology of the National District carried out two
DNA tests on the bodies found in the burned vehicle, one of which supposedly
belonged to Mr. Almonte Herrera. The results indicated that neither of the bodies
were his, however the petitioners attribute this result to the likely intervention of
the national police, which has held that Mr. Almonte Herrera is a fugitive;
f)
Since October 3, 2009, the National Police have increased the persecution
of, surveillance of, and threats against Mr. Almonte Herrera’s representatives,
relatives, and friends. Specifically, the homes of Yuverky and Joel Almonte
Herrera and Ana Josefa Montilla, siblings and wife of Mr. Almonte Herrera,
respectively, “have been constantly watched by members of the National Police"
and their telephones are being tapped. Likewise, after being "followed" and
harassed by police officers dressed as civilians, Ms. Ana Josefa Montilla decided to
“leave once again for the United States" due to the fear and lack of safety she
felt. Mr. Joel Almonte has been the victim of "followings," discouraging him from
taking action toward demanding that his father be brought forth. Genaro Rincón
and Francisco León Herrera, attorneys for Mr. Almonte Herrera, have stated that
they have been "followed" by police officers, their telephones are being tapped,
and their offices are being watched. Mr. Genaro Rincón is on a list kept by the
Department of Criminal Investigations for having brought a complaint in the case;
g)
On November 30, 2009, the Inter-American Commission sent the State an
urgent request for information, asking it to report on the whereabouts of Mr. Juan
Almonte Herrera within 48 hours and on the actions taken toward complying with
the habeas corpus ruling as well as on the security situation of the family and the
representatives. The State did not respond to that request;
h)
On December 4, 2009, the petitioners reported on new harassment and
threats suffered by the relatives and representatives of Mr. Almonte Herrera at
the hands of agents of the National Police, supposedly in response to actions they
took in the investigation into the whereabouts of Mr. Juan Almonte;
i)
On December 11, 2009, the Commission granted precautionary measures
to the benefit of Juan Almonte Herrera, Yuverky Almonte Herrera, Joel Almonte
and Ana Josefa Montilla, as well as Genaro Rincón and Francisco de León Herrera,
to guarantee their lives and personal safety. In that communication, the
Commission ordered the State to report on the whereabouts of Mr. Almonte
Herrera, his state of health, and his safety within a period of no more than 10
days. They also asked the State to indicate the actions taken toward investigating
the facts justifying the adoption of precautionary measures;