5
pertinent with regards to the instant request for provisional measures (supra Having
Seen 1).
6.
The brief of March 11, 2010, whereby the State requested an extension for the
presentation of the observations requested (supra Having Seen 5) and indicated that
since December 14, 2009, “[Mr.] Almonte and others were benefiting from Precautionary
Measures, which have been implemented in coordination with the beneficiaries.”
7.
The note of the Secretariat of March 11, 2010, whereby, following the instructions
of the President of the Court, the extension requested by the State was granted (supra
Having Seen 6), and it was requested to specifically address in its communication to the
precautionary measures it claimed were implemented on behalf of each of the
beneficiaries, and to attach a copy of the judicial decision whereby the habeas corpus
was allegedly granted to Mr. Juan Almonte Herrera. In addition, through this note it
requested the Inter-American Commission to report on the status of the implementation
of the alleged precautionary measures adopted by the Dominican Republic (supra Having
Seen 6).
8.
The brief of March 15, 2010, in which the State indicated that:
a)
it is complying with the precautionary measures requested by the InterAmerican Commission, which “consist of the investigation of the disappearance of
[Mr.] Juan Almonte Herrera and the security of [his] family […] and that of his
representatives;”
b)
with regards to the investigation, in compliance with the decision of the
Second Criminal Court of the National District on the habeas corpus that ordered
the release of Mr. Juan Almonte Herrera, it confirmed that this individual “is not in
the hands of the National Police and the pertinent actions are being taken to
determine his location and punish those responsible for his disappearance;”
c)
the Attorney General’s Office has contacted the relatives of Mr. Almonte
Herrera, to “urge them to file a claim [for] the disappearance;”
d)
it reviewed the records of entries and exits from the country and did not
“find records of leaving [d]ominican [t]erritory” for Mr. Juan Almonte Herrera;
e)
it is investigating “at the heart of the National Police, the identity of the
alleged captors of [Mr.] Almonte Herrera;”
f)
it has performed “necropsies to bodies of unidentified persons to compare
them to the anthropometric dimensions of [Mr.] Almonte Herrera;”
g)
on December 22, 2009, “after holding a meeting with the beneficiaries, it
arranged for the posting of police services to all [relatives of Mr. Almonte
Herrera], except for [Ms.] Ana Josefa Montilla, who is living in the Unites States,”
and
h)
based on the foregoing, it considered that “it is complying with the
[p]recautionary [m]easures ordered by the Inter-American Commission.”