2
4.
The brief of the Inter-American Commission of April 16, 2003, indicating that the
State had not adopted any measure to protect the life and personal integrity of Mr. Fleury
since the President’s order on urgent measures.
5.
The communication of the State of April 24, 2003, received by the Secretariat on
May 20, 2003, acknowledging the Secretariat’s note of April 3, 2003 (supra having seen
paragraph 3) and indicating that the note had been forwarded to the Ministry of Justice and
Public Security “for the pertinent effects.”
6.
The note of the Secretariat of May 22, 2003, asking the State to forward its
communications “via fax or by courier, to ensure that they [were] received opportunely, so
that the instant matter could be processed more promptly and efficiently.”
7.
The communication of May 22, 2003, in which the Commission forwarded to the
Court a note of March 21, 2003, received by the Secretariat of the Commission on May 6,
2003, in which the State referred to the precautionary measures ordered by the
Commission. In addition, the Commission reiterated the observations contained in its
communication of April 16, 2003 (supra having seen paragraph 4).
8.
The Commission’s brief of May 30, 2003, in which it referred to the two letters
presented by the State (supra having seen paragraph 5) and indicated that they did not
constitute “a report to the Court […] concerning any urgent measures adopted by [the
State].” The Commission also advised that Mr. Fleury’s situation had not changed and “that
he continued to lived undercover and not in his home.” Lastly, the Commission asked the
Court to declare that the State had failed to comply with its obligation to implement
effectively the order of the President of the Court, to ratify this order, and to order the State
to inform the Court, as soon as possible, about the specific and effective measures that it
would adopt.
9.
The order of the Court of June 7, 2003, in which it decided:
1.
To ratify all aspects of the order of the President of the Inter-American Court of Human
Rights of March 18, 2003.
2.
To declare that the State had not implemented effectively the urgent measures ordered
by the President of the Inter-American Court in his order of March 18, 2003.
3.
To require the State to adopt, forthwith, all necessary measures to protect the life and
personal integrity of Lysias Fleury.
4.
To require the State to investigate the facts that gave rise to the adoption of the
provisional measures, in order to identify those responsible and impose the corresponding
sanctions.
5.
To require the State to allow the beneficiary of the measures to participate in their
planning and implementation and, in general, to keep him informed about progress in the
execution of the measures ordered by the Inter-American Court of Human Rights.
6.
To require the State to continue informing the Inter-American Court of Human Rights,
every 30 days, about the provisional measures adopted, and to require the Inter-American
Commission on Human Rights to present its observations on these reports of the State within two
weeks of their notification.
10.
The order of the Court of December 2, 2003, in which it decided:
1.
To reiterate that the State had not implemented effectively the provisional measures
ordered by the Inter-American Court in the instant case.