9
9.
In the report of April 30, 2010 (supra Having Seen 15), the State indicated that it
was “taking the necessary steps to determine [Mr.] Almonte Herrera’s location and
punish those responsible for his disappearance, prior to the adoption of the Precautionary
Measures by the Inter-American Commission.” However, the State expressed that Mr.
Juan Almonte Herrera “is a fugitive of the law due to his alleged participation in the
kidnapping of [Mr.] Eduardo A. Baldera Gómez.” Likewise, the State reported that “[w]ith
regards to the security of [Yuverky Almonte Herrera, Joel Almonte, Genaro Rincón and
Francisco de León Herrera], it set forth the posting of a security service for all of them,”
except for Ms. Ana Josefa Montilla, who “is living in the United States,” although “the
State is most willing to provide it to her, if she decides to come back.”
10.
In the habeas corpus decision of the Second Criminal Court of the National District
on October 2, 2009 (supra Having Seen 16), it declared “the illegality of [Mr. Almonte
Herrera’s] imprisonment, as he [was in] prison without a court order issued by the
competent judicial authority,” hence “the immediate release of [Mr. Juan Almonte
Herrera] was ordered.” In this decision it was also declared that this order “ha[d] to
become enforceable from the court, so that no government employee coul[d] deny
complying with it.”
11.
The Inter-American Commission observed that “the State did not provide specific
information on the steps being taken to locate [Mr.] Juan Almonte Herrera, or on the
investigations aimed at punishing those responsible for his disappearance.” Likewise, the
Commission indicated its concern that “the State continue[s] with the main hypothesis
that Mr. Almonte Herrera is running from the law, [without] providing information
destined to investigate the concrete indications that he was subject to forced
disappearance by State agents,” notwithstanding the habeas corpus decision ruled in his
favor (supra Having Seen 16). In addition, the Commission reiterated that “the State’s
response does not address the gravity and urgency of the situation, as it does not
indicate having adopted concrete measures to investigate and establish [the]
whereabouts [of Mr. Almonte Herrera], therefore it has not produced the immediate
results that are necessary in situations such as this one.” Finally, the Inter-American
Commission indicated that “it t[ook] cognizance of the information reported by the State
with regards to the protection provided to the other beneficiaries, [but that] it reserv[ed]
the right to expand on its observations once the beneficiaries submit[ted] their own.”
12.
The representatives did not submit their observations to the Court.
13.
After two extensions (supra Having Seen 12 and 14), the State reported in
general on the “pertinent measures” taken to determine Mr. Almonte Herrera’s location
and punish those responsible for his disappearance. The State did not detail these
measures or report on the results or concrete advances that allow to clearly determine
the whereabouts and situation of Mr. Almonte Herrera. In this regard, the Court observes
that while the State referred to actions of punishing “those responsible for his
disappearance,” at the same time it stated that Mr. Juan Almonte Herrera is “a fugitive of
the law.” The State did not submit documentation to support this statement.
14.
From the file on the instant matter, specifically the habeas corpus decision
whereby Mr. Juan Almonte Herrera’s release was ordered, it is inferred that he was
detained without a court order by the State authorities, and that he is still missing in
spite of the order to release him. The Court insists that in view of the lack of information
on his whereabouts, it may be presumed that Mr. Almonte Herrera is in grave risk of
infringement of his right to life, right to personal liberty, and right to humane treatment.