5
coexist and must be present in any situation in which the Court’s intervention is
requested.5
7.
It is the State’s responsibility to adopt safety measures to protect all persons
subject to its jurisdiction. This obligation becomes even more evident with regard to
individuals who are involved in proceedings before the American Convention’s
supervisory organs,6 especially if they are victims or alleged victims, their next of kin, or
individuals who have testified before the Court in a contentious case.
8.
Mr. Suriel Núñez testified before this Court on June 28, 2011, at the public
hearing held in the instant case. In his testimony, Mr. Suriel Núñez stated, inter alia,
that he had been threatened in the past for his activities as a member of the Comisión
de la Verdad. He indicated that he had received numerous telephone calls, that on one
occasion he was “detained in the city by the police,” and that the threats were not
investigated.
9.
From the information provided by the representatives and not opposed by the
State, it can be concluded that on the night of August 7, 2011, while Mr. Suriel Núñez
was on his way home, his vehicle was followed by another vehicle, in a way that
placed his life and personal integrity at great risk (supra having seen paragraph 2(a)).
As stated by the representatives and denounced before the National Police, neighbors
of Mr. Suriel Núñez had observed that several individuals in a vehicle matching the
description of the one used for the said pursuit had stopped in front of the home of Mr.
Suriel Núñez and his family on several occasions (supra having seen paragraph 2(b)).
The National Police had also been advised that, following these events, Mr. Suriel
Núñez had received several telephone calls during which no one spoke on the other
end of the line and, in this context, it caused him great anxiety and uncertainty (supra
having seen paragraphs 2(c) and 6). The representatives have affirmed that there are
significant presumptions that link the testimony offered by Mr. Suriel Núñez and his
activities as a member of the Comisión de la Verdad to the recent acts against his
personal integrity. They also indicated that there is no other reason that could explain
the occurrence of this alleged harassment and threats.
10.
In relation to the representatives’ arguments concerning the adoption of
precautionary measures during the processing of this case before the Inter-American
Commission (supra having seen paragraph 2(d)), the Court has verified, in the
information published on the Commission’s website,7 that on November 8, 1996, the
Commission requested the Dominican Republic to adopt “urgent precautionary
measures to guarantee the life and personal integrity of Virgilio Almánzar, Tomás
Castro and Luz Altagracias Ramírez de González, and other witnesses in a case submitted
to the consideration of the IACHR as No. 11,324.” It also verified that “[t]he State of the
Dominican Republic responded on November 27, 1996, indicating that it had asked the
National Police to conduct an investigation into the threats, and also to organize an escort
for each of these persons.” The Court considers that this proves the existence of a
precedent of threats against one of the alleged victims and of witnesses in relation to this
case before the inter-American system. The Court finds sufficient reasons to presume
5
Cf. Case of Carpio Nicolle et al. Provisional measures with regard to Guatemala. Order of the Court
of July 6, 2009, fourteenth considering paragraph; Matter of the El Rodeo I and El Rodeo II Capital Judicial
Detention Center, supra note 3, fourth considering paragraph, and Matter of the Monagas Judicial Detention
Center ("La Pica"), supra note 3, fourth considering paragraph.
6
Cf. Matter of Gallardo Rodríguez. Provisional measures with regard to Mexico. Order of the Court of
February 18, 2002, sixth considering paragraph; Case of the 19 Tradesmen. Provisional measures with
regard to Colombia. Order of the President of the Court of February 6, 2007, seventh considering paragraph;
and Case of Gutiérrez Soler. Provisional measures with regard to Colombia. Order of the Court of July 9,
2009, fifth considering paragraph.
7
Information
available
[in
Spanish]
http://www.cidh.oas.org/medidas/1996.sp.htm.
on
the
Inter-American
Commission’s
website: