CEJIL

ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF MAY 25, 2010
PROVISIONAL MEASURES
REGARDING THE DOMINICAN REPUBLIC
MATTER OF JUAN ALMONTE HERRERA ET AL.
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) of March 3, 2010, and annexes,
whereby a request for provisional measures was submitted before the Inter-American
Court of Human Rights (hereinafter “the Inter-American Court” or “the Court”), based on
the terms of Article 63(2) of the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) and Article 27 of the Rules of Procedure of
the Court (hereinafter “the Rules of Procedure”), so as to order the Dominican Republic
(hereinafter “the State” or “Dominican Republic”) to adopt without delay measures for
the protection of the life and personal integrity of Juan Almonte Herrera, Yuverky
Almonte Herrera, Joel Almonte, Ana Josefa Montilla, Genaro Rincón and Francisco de
León Herrera.
2.
The alleged facts based on which the request for provisional measures was
presented by the Commission, namely:
a)
Mr. Juan Almonte Herrera was detained without an arrest warrant on
September 28, 2009, by policemen of the Anti-kidnapping Department of the
National Police, within the framework of an investigation on the kidnapping of the
son of a financial entrepreneur. To date his whereabouts are unknown. That same
day in the evening news the police stated that it was “looking for Juan Almonte
Herrera, who is a fugitive,” and showed five pictures of persons allegedly related
to this kidnapping, including Mr. Almonte Herrera;
b)
on September 29, 2009, the National Police and the “Dirección Nacional de
Control de Drogas” (National Drug Control Department) performed an entry and
search of a house owned by Mr. Almonte Herrera, without a search warrant and
*
Judge Rhadys Abreu Blondet, of Dominican nationality, excused herself from hearing the processing of
the instant provisional measures, in conformity with Articles 19 of the Statute and 21 of the current Rules of
Procedure of the Inter-American Court of Human Rights approved by the Court in its LXXXV Ordinary Period of
Sessions held from November 16 to 28, 2009, which was accepted by the Court.