addition, pursuant to what the representatives and the State had agreed upon, safeconducts were granted to approximately 27 of the beneficiaries’ relatives. According to the
representatives’ latest information, four of the beneficiaries’ relatives were not granted a
renewal of their safe-conduct. Of those, three live in Haiti and one lives in the Dominican
Republic. In addition, the representatives asked that safe-conducts be given to six more
family members, something they reiterated in their comments dated November 30, 2011.
Regarding this, the Court finds that the State has taken action toward providing the
beneficiaries of these measures (supra Having Seen 2) and their relatives with safe
conducts. This Tribunal likewise recognizes the State’s willingness to grant safe conducts to
the relatives of the beneficiaries who have not yet received them.
B)
Regarding a work group or team to collaborate in the implementation of the
measures ordered by the Court
17. In its report dated February 12, 2010, the State mentioned that it appointed a team to
collaborate in the implementation of the measures ordered by the Court and it provided
additional details on the team’s composition. Likewise, in several briefs, the State reported
that on March 4, 2010 and January 17, 2011 the team’s two first meetings were held in
Santo Domingo, the Dominican Republic. It reported that in those meetings, they discussed
the matter of the safety of Mrs. Pierre, the search for an amicable solution, the renewal of
the pending safe-conducts, and the general execution of the provisional measures. It is
important to mention that the team agreed in its first meeting to meet regularly every three
months. According to the information provided by the State, as of this date, the details for
the next meeting have not yet been agreed upon. Additionally, in its latest report dated
November 4, 2011, the State noted that, despite their interest in holding the meetings
regularly, the representatives “have not established further contact with the State” toward
doing so.
18. In comments dated October 7, 2011, the representatives stated that despite making
attempts, they have not been able to schedule a new meeting. They expressed
disappointment that thus far, none of the additional measures on the issuance and renewal
of the safe-conducts that were suggested during the work group’s first meeting have been
implemented by the State (supra Considering 12).
19. In its brief of comments dated March 18, 2011, the Commission “argue[d] that the
existence and maintenance of fluid communication within a context of coordination and
cooperation was essential for achieving better implementation of the […] provisional
measures [in question].” Likewise, in its observations of October 21, 2011, it reiterated the
importance of the participation of the beneficiaries in the implementation of these measures
and the need to continue with the meetings in order to achieve “proper treatment [of] each
of the beneficiaries’ situations and needs.”
20. This Tribunal recalls that in its Order of July 8, 2009, it ordered the State to “create immediately and pursuant to its legal framework - a work group or team made up of State
officials to effectively collaborate with the implementation [of the] measures ordered by the
Court, and that it consider the participation of the beneficiaries and/or their
representatives.” Regarding this, this Tribunal observes that the team was duly created;
however, despite having agreed to hold work meetings every three months, the team held
Ferreras, Berson Gelin, and Janty Fils-Aime (deceased). Regarding Mr. Benito Tide Méndez, up-to-date information
is not available. Neither the representatives nor the Commission have indicated that he lacks a safe conduct (see
Considering 31).
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