4
b)
State efforts in cases such as this one cannot be based on the assumption
that the person in question is a fugitive, but must take into account that this may
be a forced disappearance and that the person affected could be in a situation of
extreme risk, especially when there are indications that support this possibility;
c)
the situation of extreme gravity and urgency extends to the next of kin and
attorneys of Mr. Almonte Herrera, given that: i) they have been subject to
threats, harassment, and been followed by State agents, based on the public
declarations and steps taken before State authorities to obtain information on the
whereabouts of Mr. Almonte; ii) from the information provided by the petitioners
it is not inferred that they have reached an agreement on their protection,
therefore those individuals are currently not being protected, and iii) the threats
against those people “would increase if an investigation of the facts is opened,”
and
d)
the nature of the rights threatened, the right to life and to humane
treatment, constitute “the irreparable extreme of consequences that this request
for provisional measures intends to avoid.”
4.
The request of the Inter-American Commission to the Court, based on Article
63(2) of the American Convention and Article 27 of the Court’s Rules of Procedure, to
require the State to:
a)
adopt the measures necessary to establish the whereabouts of Mr. Almonte
Herrera and report immediately to the Inter-American Court and his next of kin;
b)
once his whereabouts are determined, adopt the measures necessary to
protect the life and personal integrity of Mr. Juan Almonte Herrera, after assessing
the motives that led to his disappearance while in custody of the State. These
measures should be agreed with the potential beneficiary and his representatives;
c)
adopt without delay the measures necessary to guarantee the life and
personal integrity of Yuverky Almonte Herrera, Joel Almonte, Ana Josefa Montilla,
Genaro Rincón and Francisco de León Herrera, and report immediately to the
Inter-American Court. In the event that Ms. Ana Josefa Montilla is outside of the
country, grant her the aforementioned measures as soon as she comes back;
d)
perform an investigation of the facts that prompted the request for
provisional measures as a mechanism to prevent any risk situation to the life and
humane treatment of Juan Almonte Herrera, Yuverky Almonte Herrera, Joel
Almonte, Ana Josefa Montilla, Genaro Rincón and Francisco de León Herrera;
e)
agree with the beneficiaries on the most appropriate mechanisms to
implement protection measures, so as to ensure their effectiveness and relevance,
and
f)
report on the measures adopted based on the previous subparagraphs.
5.
The note of March 5, 2010, whereby the Secretariat, following the instructions of
the President of the Court, requested the State to submit the observations it considered