REPORT Nº 20/04
PETITION 4692/02
ADMISSIBILITY
LYSIAS FLEURY
HAITI
February 26, 2004

I.

SUMMARY

1. On October 11, 2002, the Inter-American Commission on Human Rights (hereinafter “the
IACHR” or “the Commission”) received a complaint submitted by Lysias Fleury (hereinafter the
petitioner) against the Republic of Haiti (hereinafter “the State” or “Haiti”), alleging the
violation of his personal integrity and liberty, and his honor and dignity, as he was arrested
without judicial warrant by police and civilian agents, who threatened him, mistreated him,
and subjected him to torture and other degrading treatment during the 17 hours he was
deprived of liberty, causing him serious injuries. The petitioner alleges violations of Articles 5
(right to humane treatment), 7 (right to personal liberty), and 11 (protection of honor and
dignity) of the American Convention on Human Rights (hereinafter “the American
Convention”).
2. The State has not presented a response to the facts alleged by the petitioners, nor has it
called into question the admissibility of the petition under consideration.
3. In this report the IACHR, after analyzing the information available in light of the American
Convention, concludes that it is competent to consider the petitioners’ allegations that the
action of police and civilian agents violated his integrity, personal liberty, and honor, in
violation of the rights protected by Articles 5, 7, 8, 11, 25, and 1(1) of the American
Convention, and, as the petition meets the requirements set out at Articles 46 and 47 of the
American Convention, it decides to declare the petition admissible.
II.

PROCESSING BEFORE THE COMMISSION

4. On October 11, 2002, the Commission received the complaint sent by the petitioner, which
also included a request for precautionary measures, which were issued by the Commission on
October 15, 2002.
5. From October 11, 2002, to March 10, 2003, the IACHR received additional information from
the petitioner related to the State’s failure to carry out the precautionary measures that were
granted. During this period the Commission requested information from the State with respect
to the precautionary measures. The State acknowledged receipt of the communications from
the Commission. On March 13, 2003, the Commission presented a request for provisional
measures to the Inter-American Court of Human Rights with respect to the Haitian State
regarding Mr. Lysias Fleury, alleging inter alia that the State failed to carry out the
precautionary measures granted by the IACHR. On March 18, 2003, the President of the InterAmerican Court decided to order the State to adopt, without delay, the urgent measures
needed to protect the petitioner’s life and personal integrity. On June 25, 2003, the
Commission received notification from the Court, dated June 20, 2003, of the order issued
June 7 with respect to the provisional measures issued on behalf of the petitioner, which
confirmed in its entirety the March 18, 2003 order by the Court’s President.
6. After the urgent measures were issued by the President of the Inter-American Court of
Human Rights, the Commission received additional information from the petitioner and the
State as well as communications from the Court regarding the urgent measures, and, more
recently, the provisional measures.
7. With respect to the petition itself, independent of the process of the precautionary, urgent,
and provisional measures, the Commission acknowledged receipt of the petition sent by Mr.
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