-6-
h)
On November 14, 2005 when the oral proceedings resumed before the
Segunda Sala Penal de Huancayo (Second Criminal Chamber at Huancayo),
Mr. Luis Alberto Ramírez-Hinostroza appeared with a new lawyer who is not a
member of the Instituto de Defensa Legal (Institute for Legal Defense), for
which reason such Institute has been de facto replaced in the defense in the
criminal actions proceeding against General Luis Pérez Documet; and
i)
request the Inter-American Court that the provisional measures in
favor of Mr. Ramírez-Hinostroza and his family be maintained, in view of the
latent risk at which his life and physical integrity are “more so right now,
when the legal proceedings against Pérez Documet, to whom responsibility for
the attacks to the detriment of Mr. Ramírez-Hinostroza is attributed, are
being carried on.”
8.
The notes of November 22, 2005, by means of which the Secretariat,
following instructions by the President, granted the Commission a delay up to
November 28, 2005 to file its observations on the possible lifting of the provisional
measures, noted that the State had not produced the original of the letter wherein
Mr. Ramírez-Hinostroza desisted, and requested as well that Mr. Carlos Rivera-Paz
and the other representatives, no later that November 24, 2005, clearly indicate the
following:
a)
whether they considered that the provisional measures regarding Mr.
Carlos Rivera-Paz could be lifted;
b)
whether they continued to represent Mr. Ramírez-Hinostroza, his wife
and daughters before the Court in the matter of these measures; and
c)
whether they had held meetings or maintained communications with
Mr. Ramírez-Hinostroza after he would have signed the document wherein it
is stated that he expresses to the Minister holding the Portfolio of the Interior
that he irrevocably desists from the security and protection services.
9
The brief of November 24 2005, whereby Mr. Carlos Rivera-Paz, in response
to the requests by the President in the note of November 22, 2005 (supra Having
Seen clause Number 8), pointed out the following:
a) 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. The
provisional measures in favor of Mr. Ramírez-Hinostroza must continue;
b) the Instituto de Defensa Legal (Institute for Legal Defense) no longer
represents Mr. Luis Alberto Ramírez-Hinostroza and his family before the
Court, as a consequence of the de facto replacement (supra Having Seen
clause Number 7.h); and
c) to date, he has not met with Mr. Ramírez-Hinostroza. He has only had a
brief telephone conversation on November 18, 2005 in the course of which the
aforesaid party informed him about a telephone call he had received from an
officer of the Inter-American Commission.
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