6
a) based on the reports filed by the State and on communication with the
"petitioners" during the processing of the precautionary measures, it could be
argued that "the State response does not appreciate the gravity and urgency of
the situation as it does not indicate having taken specific measures to investigate
and establish [the] whereabouts [of Mr. Almonte Herrera]. Therefore, the
immediate results required in situations such as this one have not been obtained;"
b) the "petitioners" stated that they have not been able to establish anything
specific with regard to the implementation of the precautionary measures, "in
particular because the State intends to provide protection through members of the
national police who have been repeatedly identified […] as those responsible for
the disappearance of [Mr. Almonte Herrera] and for the threats and harassment
against them," from which it can be deduced that “they are currently not being
protected;" and
c) the Commission reiterated "emphatically" that taking into account the specifics
of the case, without prejudice to the fact that the design and implementation of
the protective measures must be carried out by the State by agreement with the
possible beneficiaries, "it is necessary to keep in mind that the individuals
assigned to protect the beneficiaries should not be connected with the National
Police."
CONSIDERING THAT:
1.
The Dominican Republic has been a State Party to the American Convention since
April 19, 1978, and, in keeping with Article 62 of the Convention, recognized the
contentious jurisdiction of the Court on March 25, 1999.
2.
Article 63(2) of the American Convention holds that, “In cases of extreme gravity
and urgency, and when necessary to avoid irreparable damage to persons, the Court
shall adopt such provisional measures as it deems pertinent in matters it has under
consideration. With respect to a case not yet submitted to the Court, it may act at the
request of the Commission.”
3.
Article 27 of the Rules of Procedure of the Court1 holds that:
1. At any stage of proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, on its own motion, order
such provisional measures as it deems appropriate, pursuant to Article 63(2) of the
Convention.
2. With respect to matters not yet submitted to it, the Court may act at the request of the
Commission.
[…]
6. If the Court is not sitting, the Presidency, in consultation with the Permanent
Commission and, if possible, with the other Judges, shall call upon the State concerned to
1
Rules of Procedure of the Inter-American Court of Human Rights Rules of Procedure passed in the
LXXXV Regular Period of Sessions held from November 16 to 28, 2009.