-5-
directly with Mr. Ramírez-Hinostroza after he would have expressed his will to desist
from the protection measures adopted in his favor.
7.
The brief of November 18, 2005, whereby Mr. Carlos Rivera-Paz, a beneficiary
and the representative of the other beneficiaries of the measures, set forth his
observations to the report by the State of October 21, 2005 and its Appendixes
(supra Having Seen clause Number 2). Concisely put, he pointed out the following:
a)
after several months had gone by from the time the attacks against Mr.
Ramírez-Hinostroza had taken place and in spite of the fact that the
necessary clues were given it, the police has not managed to develop the acts
of investigation necessary to establish the facts;
b)
the Minister of Justice asked the Minister of the Interior to step up the
security provided Mr. Ramírez-Hinostroza, for the two latest attacks happened
due to the fact that the aforesaid party does not have the use of a vehicle for
his conveyance from one place to another;
c)
regarding Report No. 062 drawn up by the División de Policía Judicial
(Judicial Police Division) of the Dirección de Investigation Criminal y apoyo a
la Justicia (Office of the Director for Criminal Investigation and Support of the
Judiciary), wherein it is pointed out that the protection provided Mr. Luis
Alberto Ramírez and his family is exceptional in nature because the aforesaid
party does not qualify for protection under the statute pursuant to which the
benefits for effective collaboration in the field of organized crime are
established (Law No. 27378), it must be remarked that the provisional
measures derive from an international obligation and are different in nature
from the ones included in the provisions of such Law;
d)
apparently the Chief of the Dirección de Investigation Criminal y apoyo
a la Justicia (Office of the Director for Criminal Investigation and Support of
the Judiciary) of the Policía Nacional (National Police) of Peru has not taken
cognizance that the Inter-American Court ordered provisional measures in
favor of Mr. Ramírez;
e)
the protection measures afforded Mr. Ramírez-Hinostroza consist in
four policemen 24 hours a day, with firearms and bullet-proof vests. However,
the attacks in July and in September, 2005 took place while the aforesaid
party was out on the street, going from one place to another, accompanied by
but one policeman; such facts tacitly contradict the representations made by
the División de Policía Judicial (Judicial Police Division) of the Dirección de
Investigation Criminal y apoyo a la Justicia (Office of the Director for Criminal
Investigation and Support of the Judiciary);
f)
the protection measures adopted in favor of Mr. Carlos Rivera consist
in his being watched over by two policemen since August 22, 2005;
g)
the División de Homicidios (Homicides Division) was the unit in charge
of investigating the attacks which had happened before September 15, 2005
to the detriment of Mr. Ramírez-Hinostroza, “for which reason it would be
reasonable to assume it to be charged with effecting the inquest regarding
the latest events and with complementing the initial report regarding the
previous attacks;
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