11
33.
The Court acknowledges that the lack of threats does not necessarily imply that
there exist no risks for a person. However, if a certain amount of time elapses without any
threats, the Tribunal has to analyze, if possible, the causes of said absence of threats to
determine whether it is appropriate to maintain the provisional measures, taking into
account that they should be of a provisional and temporary nature.11 The Court notes that
the representatives, since the last time they informed on the threats against them, have
forwarded information to the Tribunal on the situation of Mr. Ramírez Hinostroza and his
next-of-kin on, at least, five occasions, but that on none of those times they have
indicated the existence of particular risk situations against them. Therefore, the Court
deems necessary for the representatives to forward, within the term previously
established (supra Considering clause 31), updated and detailed information to the Court
in order to evaluate whether the situation of extreme gravity and urgency that may cause
irreparable damage against them still exists.
*
*
*
34.
The representatives have stressed “the systematization of the State in trying to
discredit the behavior of Mr. Luis Alberto Ramirez Hinostroza before the Peruvian and the
international society”, by means of the filing of a series of criminal complaints against him,
whose primary focus is "the description of the anti-social behavior of the [alleged] victim
of torture [by means of] false accusations.” They further alleged that, “a conspiracy has
been organized to confine [Mr.] Ramirez Hinostroza […] to a penitentiary center of this
city, in order to execute him in an alleged brawl among inmates of the penitentiary facility
or in another way.” They requested the Court to recommend to the State to “change the
inhumane attitude of the National Police in charge of providing protection to the victim
and the family in order to avoid [alleged] false accusations.”
35.
Regarding the alleged “systematic police harassment” engaged by means of
criminal complaints against Mr. Ramirez Hinostroza, Peru pointed out that said statement
“is fully faked, since the police personnel have not been engaged in any act of harassment
[...].” What happens is that the [beneficiary], in order to avoid his personal security, of his
own free will, is involved in a series of acts against the legal system and outside the law.”
36.
In relation to the status of the main criminal proceedings instituted against Mr.
Ramirez Hinostroza, the State indicated:
a)
In relation to case-file N° 2007-2671- 0- 1501-JR- PE- 01 of the First
Criminal Trial Court of Huancayo, for the alleged crime of “attempted murder et al."
to the detriment of Fernando Wilfredo Flores León, that the Second Criminal
Chamber of Junin, by means of Resolution N° 32 of August 25, 2008, according to
the request made by the Superior Public Prosecutor’s Office, extended the
preliminary stage 45 days. Furthermore, the First Criminal Trial Court of Huancayo,
by means of Resolution N° 33 of September 22, 2008, “ordered to extend the term
of the investigations to 45 days, and established October 30, [2008] as date for the
discovery statement of the accused”;
11
Cf. Case of Carpio Nicolle, supra note 6, considering clause nineteen; and Matter of Liliana Ortega et al.,
supra note 6, considering clause forty.