4
his next of kin, the State has ignored their request so that it inform about the
health condition of Ronald Michael Loja, a relative of Mr. Vásquez-Chumo who
suffered a physical aggression by State agents despite being one of the
beneficiaries of these precautionary measures.
6.
The communications submitted by the Inter-American Commission on Human
Rights (hereinafter “the Inter-American Commission” or “the Commission”) on July 2,
2004; July 22, 2004; September 24, 2004; November 17, 2004; January 24; 2005;
May 18, 2005; June 24, 2005; July 22, 2005; October 25, 2005; December 9, 2005;
and March 24, 2006; whereby it stated, inter alia, that:
a)
regarding the duty to adopt such measures as may be necessary to
protect the life and physical integrity of the members of the Gómez-Paquiyauri
family, of Jacinta Peralta-Allccarima, and of the minor Nora Emely GómezPeralta, in its last reports the State made no reference thereto. Furthermore,
i)
the State did not inform about the request for medical care made
by the beneficiaries on behalf of Ricardo Emilio Gómez-Paquiyauri, who
had been ill-treated in prison, whereby his health condition would be
allegedly delicate;
ii)
regarding the alleged aggressions suffered by Miguel GómezPaquiyauri during a visit to the “Castro Castro” prison, it did not consider
such act in itself to endanger the life or physical integrity of the family.
Notwithstanding, taking into consideration that the Court adopted these
measures after verifying a situation of alleged persecution and
harassment, it deemed that the State must submit information regarding
the aforesaid event; and
iii)
regarding the protection measures ordered in behalf of Jacinta
Peralta-Allccarima and the minor Emely Gómez-Peralta, it considered
that “there was n[o] controversy over the content and method of
implementation of the protection measures in behalf of the abovementioned beneficiaries.”
b)
regarding the duty to adopt such measures as may be necessary to
protect the life and physical integrity of Ángel del Rosario Vásquez-Chumo and
his next of kin, “the information forwarded by the State evidences the adoption
of measures in compliance with the provisions of the Court.” Notwithstanding,
no brief has been submitted by the representatives of Mr. Vásquez-Chumo and
his next of kin which addresses the implementation of the measures informed to
have been adopted by the State. Furthermore, it deemed it important that the
State continue informing about the investigation regarding the aggression
suffered by Ronald Michael Loja, a relative of Mr. Vásquez-Chumo.
7.
The communication submitted by the State on June 20, 2006, whereby in view
of the recent appointment of its new agent in the instant case, it requested an
extension of thirty days to submit the twelfth report on the compliance with the
provisional measures, which was due on May 30, 2006; and the note of the Secretariat
CDH-11.016/691 of June 21, 2006, addressed to the State, whereby it informed that
such extension had been granted up to July 21, 2006.
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