make him desist from participating in it,11 the representatives did not inform the
Court of this fact, or provide supporting documentation, beyond mentioning the
existence of “an unidentified group that perpetrates attacks against the beneficiary”
that could result in irreparable harm. In addition, there is no evidence in the case file
that any complaints or requests for protection have been filed in relation to this
alleged fact supposedly related to the testimony of Mr. Hinostroza in the proceeding
in question, or any reference to consequences arising from his participation in it as a
witness.
24.
Furthermore, regarding the alleged detention that supposedly occurred on
February 25, 2011, the information provided by the parties reveals that the
detention of Mr. Ramírez Hinostroza took place because the beneficiary was cutting
down trees near or on land owned by the Military Base of Concepción. This
notwithstanding, the Court notes that these facts are unconnected with any
circumstance relating to the situation of risk that led to the adoption of these
provisional measures, but are confined to an isolated incident related to Mr. Ramírez
Hinostroza’s private activities. Similarly, the facts alleged by the State concerning
the alleged illegal action of the beneficiary involving the security personnel of a
casino - during which he supposedly caused some material damage - are facts that
are entirely beyond the purpose of these provisional measures, and the Court will not
assess them. In this regard, the Court considers it to be the responsibility of
domestic authorities to investigate what happened in both circumstances and to
reach the appropriate conclusions, as it is not up to the Court to consider either of
these events in the context of provisional measures. Instead, this responsibility
corresponds to domestic judicial and administrative proceedings.
25.
In addition, regarding Mr. Ramírez Hinostroza’s report about alleged
“telephone and other threats,” which he says he received following the events of
February 2011, the Court has no specific information on these acts, and the
representatives have not provided any supporting documentation that would allow
the Court to weigh their existence.
26.
Based on this, the Court observes that no information has been provided on
specific situations of risk faced by the beneficiaries, and it finds that Mr. Ramírez
Hinostroza’s participation as a witness in a proceeding more than two years ago is
not enough to conclude that a situation of extreme gravity and urgency persists that
could give rise to irreparable harm to him or his wife, their three daughters or their
lawyers.
27.
Lastly, the Court notes that the representatives provided information on the
appointment of beneficiary Cesar Manuel Saldaña Ramírez - Mr. Ramírez Hinostroza’s
lawyer - as a provisional judge of the Provincial Court of Chupaca-Junín. The
attorney had “communicated that he would remove himself from the defense in [Mr.
Ramírez Hinostroza’s] cases for a time.” In this regard, the Court recalls that it
granted provisional measures in his favor as a result of the risk arising from his
status as Mr. Ramírez Hinostroza’s lawyer in the context of the domestic proceedings
in which Mr. Ramírez Hinostroza participates, and that this situation is therefore no
longer in effect.
11
Cf. Minutes of the 11th session of August 31, 2009, case file No. 733-08 (case file of provisional
measures, volume VI, page 2768).
8