entities in charge of the investigations had conducted the following proceedings in order
to determine his whereabouts and punish the possible responsible for his disappearance:
a) have made contact with the next-of-kin of Mr. Almonte Herrera; b) have searched for
him in the entire national territory; c) have monitored the individuals’ entrance to and
exit from the country; d) have ordered the performance of autopsies to verify whether
the possible remains of Mr. Almonte were undeclared at the morgue or some medical
center; and e) have made inquiries within the National Police.
In addition, the State
forwarded a certificate indicating that the General Directorate of Prisons "does not [keep]
any record showing that he is confined in one of the prisons centers under [its] control".
8.
As to Mr. Yuverky Almonte Herrera and Joel Almonte, relatives of Mr. Juan
Almonte Herrera, as well as Mr. Genaro Rincón and Francisco de León Herrera, lawyers,
the State informed that “the beneficiaries were provided with the security so requested"
by the Office of the Chief of the National Police. Likewise, it indicated that “since the
measures have been adopted, there has occurred no event putting the integrity of the
beneficiaries at risk”. As to Ms. Ana Josefa Montilla, relative of Mr. Almonte, she is not
currently in the Dominican Republic.
9.
The representatives sustained that the Dominican State has not complied with the
implementation of the provisional measures given that it has not established the
whereabouts of Mr. Almonte Herrera. Moreover, they pointed out that neither the lawyers
nor relatives of Mr. Almonte Herrera had been contacted by the State for the
implementation of the provisional measures, except for two interviews conducted before
the Attorney General’s Office. Furthermore, they expressed their disagreement with the
security measures being implemented by the National Police, since it should be
performed by a multidisciplinary team. Finally, they pointed out that the efforts of the
Public Prosecutors’ Office to shed light on the case and bring charges against the alleged
perpetrators and participants had not been enough. Regarding the situation of risk, they
pointed out that as of July 2011, the situation had not changed, “given that their
telephones were still tapped, [they] feel threatened and they also live with great
uncertainty [because they] continue requesting justice be done and to establish the
whereabouts of Juan Almonte and keep requesting the State to identify those responsible
[…] and bring [them] before a court of law”. As to Ms. Ana Josefa Montilla, they indicated
that “despite she lives outside the Dominican [R]epublic, [...] whenever she enters the
country, her telephones are tapped and she keeps being under strict surveillance", which
places her "in a situation of constant fear and tension".
10.
The Inter-American Commission pointed out that “the State’s response does not
satisfy the gravity and urgency of the situation” given that it did not submit specific
information regarding the actions being taken to find Juan Almonte Herrera, or the
investigations conducted to shed light on the circumstances in which he would have
disappeared and to identify and punish those responsible for his disappearance,
considering “there are conclusive evidence of the alleged participation of state agents in
the facts”. In this respect, it indicated that the passage of time without the adoption of
serious measures of investigation and search increases the extreme risk in which the
beneficiary may be and could result in irreparable damage for him. Moreover, it noted
there are contradictions between the allegations submitted by the State and the
representatives regarding the existence of measures to provide security and protection to
the other beneficiaries, given that the State did not forward documentary evidence in
relation to the protective measures that it claimed it had been implementing. In this
respect, the Commission sustained that, according to the characteristics of this matter,
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