CAT/C/54/D/456/2011 Office No. 9 for Correctional Matters of the State of Guárico to proceed with investigations into the report filed by the complainants. 2.8 On 9 October 2009, the complainants notified the Office of the Specialized Ombudsman in the State of Guárico of Mr. Guerrero Larez ’s disappearance and filed another report with Regional Command No. 2, Unit No. 28, Second Company of the San Juan de los Moros Command. 2.9 On 13 October 2009, in the absence of a response from the prison director and other competent prison authorities, the Observatory requested Enforcement Court of First Instance No. 6 of the Caracas Metropolitan Area, which had jurisdiction ov er Mr. Guerrero Larez’s case, to order a criminal investigation into his disappearance and inform relatives of his whereabouts. 2.10 On 13 October 2009, Mr. Guerrero Sánchez requested the Fundamental Rights Department of the Public Prosecution Service to investigate his son’s disappearance and possible murder by inmates of the Penitentiary, and the possible participation or responsibility of the prison director and National Guard officers. In his request, Mr. Guerrero Sánchez maintained that his son had not escaped from prison, as had been claimed by the prison authorities, and that other inmates had told him that his son had been targeted after discovering that the “pranes”, in complicity with Major H.N. of the National Guard, brought women into the Penitentiary on Thursdays and organized wild parties. The Public Prosecution Service subsequently informed Mr. Guerrero Sánchez that Prosecutor ’s Office No. 3 of the judicial district of the State of Guárico (Prosecutor’s Office No. 3) was in charge of the investigation. 2.11 On 3 November 2009, Ms. Hernández Colmenarez petitioned the Inter -American Commission on Human Rights to request the Inter-American Court of Human Rights to grant provisional measures in favour of Mr. Guerrero Larez, alleging that he had disappeared on 7 September 2009 while serving a sentence at the Penitentiary. 2.12 On 4 November 2009, the Inter-American Commission submitted an urgent request for information to the State party, asking it to provide details, within 48 hours, of Mr. Guerrero Larez’s whereabouts, his physical condition and the reasons why he had been unable to contact his relatives, in addition to any other information regarding his situation and whereabouts, in accordance with article XIV of the Inter -American Convention on Forced Disappearance of Persons. The complainants allege that the State party did not supply any information. 2.13 On 13 November 2009, the Inter-American Commission submitted to the InterAmerican Court of Human Rights a request for provisional measures req uiring the State party to protect the life and personal integrity of Mr. Guerrero Larez. 2.14 On or around 16 November 2009, Ms. Hernández Colmenarez filed an application for amparo in the form of habeas corpus (a petition for habeas corpus) with the Caracas Metropolitan Area Criminal Court Circuit. 2.15 On 17 November 2009, the Inter-American Court granted provisional measures requiring the State party to take the necessary steps to determine the situation and whereabouts of Mr. Guerrero Larez and protect his life and personal integrity, and to update the Court every two months regarding the implementation of the decision. The complainants submit that the State party complied with the requirements laid down by the Court only in a formal sense, limiting itself to indicating that the Public Prosecution Service had launched a criminal investigation and that Mr. Guerrero Larez had reportedly escaped from the prison. 2.16 On 19 November 2009, Court of First Instance No. 41 with Control Functions of the Caracas Metropolitan Area Criminal Court Circuit declined to deal with the petition for habeas corpus on the ground that it lacked competence. It referred the 4/11 GE.15-10585

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