2
without the presence of personnel from the Attorney General’s Office. Eleven
individuals were arrested at that time, including Yuberkis [sic] Almonte Herrera,
Juan Almonte Herrera’s sister;
c)
on September 30, 2009, the attorneys of Mr. Almonte Herrera filed a writ
of habeas corpus on his behalf. This motion was granted on October 2, 2009,
when the Judge of the Second Criminal Court of the National District ordered Mr.
Almonte Herrera’s release. This court concluded that he had been detained
without an order from a competent judge. The order was timely communicated to
the headquarters of the National Police; however, it has not been complied with.
On October 4, 2009, the National Police declared that Mr. Almonte was in its
custody, however, it denied responsibility for his detention and disappearance;
d)
the petitioners indicated that since September 28, 2009, Mr. Almonte
Herrera was submitted to continuous torture in a “clandestine house,” to have him
confess his alleged participation in the kidnapping. They indicated the possibility
that after being hit on the head with an aluminum bat Mr. Almonte may have died
on the way to the hospital, in a vehicle that was later intentionally burnt by police
agents;
e)
the Institute of Forensic Pathology of the National District performed two
DNA tests on the bodies found in the burnt vehicle, of which one allegedly
corresponded to Mr. Almonte Herrera. The results were negative, however the
petitioners claim that this was due to the necessary intervention of the National
Police, who claim that Mr. Almonte Herrera is a fugitive;
f)
since October 3, 2009, the National Police has increased persecution,
following, and threats against Mr. Almonte Herrera’s representatives, as well as
his family and friends. Specifically, the houses of Yuverky Almonte Herrera, Ana
Josefa Montilla and Joel Almonte, sister, wife, and son of Mr. Almonte Herrera,
respectively, “have been constantly watched by members of the National Police,”
and their telephones have been tapped. Likewise, Ms. Ana Josefa Montilla, after
being “followed” and “harassed” by policemen dressed as civilians, decided “to
leave again to the United States” as she felt afraid and insecure. Mr. Joel Almonte
has also been followed, and has therefore been inhibited from taking any actions
to demand knowledge of his father’s whereabouts. Mr. Genaro Rincón and
Francisco León Herrera, Mr. Almonte Herrera’s attorneys, expressed that “they are
followed by Police agents,” their phones are tapped, and their offices are under
surveillance. Mr. Genaro Rincón is included in a list by the Department of Criminal
Investigations for denouncing the case;
g)
on November 30, 2009, the Inter-American Commission sent an urgent
request for information to the State, requesting it to provide, within 48 hours,
information on the whereabouts of Mr. Juan Almonte Herrera, the steps taken to
comply with the habeas corpus decision, and the security situation of his next of
kin and representatives. The State did not respond to this request;
h)
on December 4, 2009, the petitioners reported new harassment and
threats from agents of the National Police experienced by the next of kin and
representatives of Mr. Almonte Herrera, allegedly in response to their actions to
investigate the whereabouts of Mr. Juan Almonte;