2
representative agrees to them, thus allowing the beneficiaries to take part in
the planning and implementation of the […] provisional measures […].”
4.
The communications submitted by the State on June 10, 2004; August 11,
2004; August 27, 2004; October 14, 2004; December 8, 2004; February 18, 2005;
April 21, 2005; June 14, 2005; August 16, 2005; October 20, 2005; December 13,
2005; February 6, 2006; and February 15, 2006; whereby it informed, inter alia, that:
a)
regarding the duty to adopt such measures as may be necessary to
protect the life and physical integrity of the members of the Gómez-Paquiyauri
family, Ricardo Samuel Gómez-Quispe, Marcelina Paquiyauri-Illanes de Gómez,
Lucy Rosa Gómez-Paquiyauri, Miguel Ángel Gómez-Paquiyauri, Ricardo Emilio
Gómez-Paquiyauri, Carlos Pedro Gómez-Paquiyauri, Marcelina Haydée GómezPaquiyauri, Jacinta Peralta-Allccarima, and Nora Emely Gómez-Peralta, it
understands that “what has been required […] are omissions rather than
actions[, such as] the non-interference of the State with the rights of the
family[, which] is guaranteed by a democratic State and a government […]
which complies with the provisions set by the Court.” It added that it is not the
will of the State to worsen the pain and suffering endured by the family and
pointed out that the State “has guaranteed, does guarantee, and will
guarantee” the enjoyment and free exercise of the rights of the abovementioned persons;
b)
regarding the specific situation of Ricardo Emilio Gómez-Paquiyauri, who
was detained in “Castro Castro” prison, he was found innocent of the charges
brought against him and was released on August 5, 2004. Additionally, a report
was requested to the Instituto Penitenciario (Penitentiary Institute) on the
event which occurred during a visit made by his brother, Miguel GómezPaquiyauri, to “Castro Castro” prison, during which penitentiary agents withheld
some copies of the Judgment rendered by the Court in the instant case; and
c)
regarding the duty to adopt such measures as may be necessary to
protect the life and physical integrity of Ángel del Rosario Vásquez-Chumo and
his next of kin, since August 10, 2004, as agreed with Mr. Vásquez-Chumo,
protection has been afforded round-the-clock at his domicile, where twentynine of his relatives live. Furthermore, on July 15, 2005 Ronald Michael LojaVásquez, nephew of Mr. Vásquez-Chumo, after having a car accident against a
vehicle belonging to a commander of the National Police, was allegedly attacked
by a police non-commissioned officer, who “punched and kicked him, on his
body” and threatened to injure him later on. An official letter was issued to
Hospital San José so that medical care was given to Mr. Loja-Vásquez, who was
advised to file a complaint before the Office of the Public Prosecutor reporting
the foregoing events. The National Police was conducting an investigation into
this event.
5.
The communications submitted by the beneficiaries and the representatives
thereof on May 28, 2004; June 21, 2004; October 15, 2004; January 3, 2005; March
7, 2005; April 10, 2005; April 26, 2005; May 30, 2005; July 2, 2005; July 8, 2005;
September 6, 2005; September 20, 2005; November 18, 2005; November 28, 2005;
and May 16, 2006; whereby they argued, inter alia, that:
a)
regarding the duty to adopt such measures as may be necessary to
protect the life and physical integrity of the members of the Gómez-Paquiyauri
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