3 i) on December 11, 2009, the Commission granted precautionary measures to Juan Almonte Herrera, Yuverky Almonte Herrera, Joel Almonte and Ana Josefa Montilla, as well as Genaro Rincón and Francisco de León Herrera, to guarantee their life and personal integrity. In this communication the Commission requested the State to report, within 10 days, on the whereabouts of Mr. Almonte Herrera, his state of health, and his security situation. It also requested the State to report on the measures adopted to investigate the facts that led to the adoption of precautionary measures; j) on January 22, 2010, the State submitted a report to the Commission, where it indicated that the Attorney General’s Office had received several complaints about the “alleged disappearance” of Mr. Almonte Herrera. It also indicated that it had contacted the family so that they would file a claim to promote the investigation, “receiving no collaboration from them.” The State also mentioned that it had begun an investigation in which it requested the Immigration Department for Mr. Almonte Herrera’s record of entries and exits from the country, and requested a medical report so as to “compare it to necropsies [of other bodies] received on the dates of his alleged disappearance.” Finally, the State reported on the measures adopted to protect the life and personal integrity of the beneficiaries. It indicated that apart from Ms. Ana Josefa Montilla, who was in the United States, it had provided the posting of police services for the other beneficiaries; k) the petitioners reported that they are asking the Attorney General’s Office to present criminal charges against the officers of the National Police, and that they have received threats from the National Police “if they file a claim against them,” and l) finally, the petitioners reported that they had met with the Department of Criminal Investigations of the National Police,” which proposed assigning a member of the Police to each of the beneficiaries of the measures. In view of this, they expressed that they would submit a different proposal, as they do not agree with that the same institution that is being questioned would be the one to carry out the execution, compliance, and monitoring of the measures to be granted. 3. The Commission’s claims to support its request for provisional measures, namely: a) the existence of a situation of extreme gravity and urgency, given that: i) Mr. Juan Almonte Herrera was arrested on September 28, 2009, and his whereabouts are unknown since then; ii) as a result of the filing of the habeas corpus, Mr. Juan Almonte’s arrest by the police was effectively proven; iii) the disappearance of Mr. Almonte Herrera while in the State’s custody, the existence of indications of the participation of State agents in hiding his whereabouts, and the lack of news about him, demand that the Dominican Republic put in special efforts to search for him, establish what occurred, and protect his life and personal integrity; iv) based on the foregoing, it is reasonable to infer that Mr. Almonte Herrera is in a situation of grave risk; v) although his next of kin and representatives filed a writ of habeas corpus which resulted in an order requesting Mr. Almonte Herrera’s release, the State has not complied with this order and denies that he is in its custody; and v) the State has expressed that “it is the next of kin who have to file a claim to denounce the facts,” when in cases like this one the investigation must be initiated on its own motion;

Select target paragraph3