the people assigned to the protection of the beneficiaries should not be related to the
National Police.
11.
From the information furnished by the parties, it springs that Mr. Juan Almonte
Herrera has been disappeared since September 28, 2009, and that the State has not
established his whereabouts. Moreover, the Court notes that the State has not presented
detailed and complete information regarding the measures effectively adopted to protect
the life and integrity of all the beneficiaries. Specially, the State made no reference to the
manner in which it would be providing the security service to the beneficiaries and did
not furnish documentation that would allow the Tribunal to verify this information.
Moreover, there is a discrepancy between the parties as to the implementation of the
protective measures. In view of the above and the time elapsed since the granting of
these provisional measures, this Presidency deems appropriate to receive, at a public
hearing to be held during the next Ordinary Period of Sessions of the Tribunal, updated
and detailed information on the status of implementation of these provisional measures
and the arguments of the State, the representatives and the Inter-American Commission
on the possible persistence of the situation of extreme gravity and urgency that gave rise
to the adoption of said measures in favor of the beneficiaries, in order to evaluate the
need to maintain the measures in force.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
By virtue of the authority granted by article 63.2 of the American Convention on Human
Rights, articles 24.1 and 25.2 of the Statutes of the Court and articles 4, 15.1, 27.2, 27.9
and 31.2 of the Tribunal’s Rules of Procedure5,
DECIDES:
1.
To convene the Inter-American Commission on Human Rights, the representatives
of the beneficiaries of these provisional measures and the Dominican Republic, to a public
hearing to be held at the seat of the Inter-American Court of Human Rights on February
23, 2012, from 3.00 p.m. to 4.30 p.m., in order for the Tribunal to receive information
and observations regarding the provisional measures ordered in this matter.
2.
To require the Secretariat of the Court to notify this Order to the Dominican
Republic, the Inter-American Commission on Human Rights and the representatives of
the beneficiaries of the provisional measures.
5
Rules of Procedure of the Court approved during its LXXXV Period of Ordinary Sessions, held from
November 16 to 28, 2009.
4