-11-
11.
That after having examined the facts and the circumstances in which the
alleged desistment by Mr. Ramírez-Hinostroza of the measures took place, what he
expressed over the telephone to the Commission in the sense that he desired to
continue being protected under the provisional measures, the information the State
provided at a later time about the return of the aforesaid party to Lima and about
the measures that have been and are being implemented in his favor and in that of
his family, as well as the fact that the proceedings wherein Mr. Ramírez-Hinostroza is
a witness are still pending, the Court considers that the aforesaid measures in favor
of Mr. Ramírez-Hinostroza, of his wife Susana Silvia Rivera-Prado, and of his three
daughters: Yolanda Susana Ramírez-Rivera, Karen Rose Ramírez-Rivera, and Lucero
Consuelo Ramírez-Rivera must be maintained.
*
*
*
12.
That according to what both Mr. Rivera-Paz and the State have pointed out,
the latter is providing protection measures in favor of the former which, as the
beneficiary himself has informed, consist in two policemen watching over him (supra
Having Seen clause Number 7.f).
13.
That the Commission prayed the Court, in its brief of November 9, 2005, to
call upon the State to comply with the measures in favor of Mr. Rivera-Paz (supra
Having Seen clause Number 5). On such matter, the aforementioned beneficiary, in
his communication of November 24, 2005, pointed out that, although the Instituto
de Defensa Legal (Institute for Legal Defense) (IDEELE) — and therefore Mr. RiveraPaz — was no longer representing Mr. Ramírez-Hinostroza, due to the fact that “he
has been replaced as legal counsel in the criminal actions instituted for the offense of
kidnapping” and pending before the Court of Justice of Huancayo, proceeding against
General Pérez Documet, the provisional measures in his benefit must continue for
some time, since “by the nature of [his] work” the situation of risk has not
disappeared” (supra Having Seen clause Number 9).
14.
That the Tribunal deems that the provisional measures ordered in favor of Mr.
Carlos Rivera-Paz must be maintained for a fixed time period of three months,
bearing in mind that the grounds for the prayer for the provisional measures filed by
the Commission on July 22, 2005, with respect to the risk at which Mr. Rivera-Paz
was, were based on his “decisive participation” as counsel for Mr. RamírezHinostroza in the aforementioned criminal proceedings pending before the Court of
Justice of Huancayo, as well as on “the fact of both of them being in daily and
permanent contact.” Likewise, the Tribunal has taken into account that Mr. RiveraPaz is no longer representing Mr. Ramírez-Hinostroza, neither in the aforementioned
criminal proceedings nor concerning these provisional measures, and that the
beneficiary himself expressed that the measures should be maintained for “some
time.” From time to time, the Tribunal will assess the aforementioned provisional
measures ordered in favor of Mr. Carlos Rivera-Paz, taking their particular
characteristics into account and will adopt a decision thereon.
*
*
*
15.
That concerning the duty of the State to adopt, forthwith, all the measures
necessary to protect the rights to life and to personal integrity of Mr. Luis Alberto
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