ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF DECEMBER 1, 2011
PROVISIONAL MEASURES
REGARDING THE DOMINICAN REPUBLIC
MATTER OF HAITIANS AND DOMINICANS OF HAITIAN
ORIGIN IN THE DOMINICAN REPUBLIC
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) of May 30, 2000, and its appendices
whereby it submitted a request for provisional measures to the Inter-American Court of
Human Rights (hereinafter “the Inter-American Court,” “the Court,” or “the Tribunal”) to the
benefit of Haitians and Dominicans of Haitian descent under the jurisdiction of the
Dominican Republic (hereinafter “the State” or “the Dominican Republic”) who face a risk of
being “expelled” or “deported” as a group in connection with case No. 12.271. The case is
currently being processed before the Commission.
2.
The Orders of the Inter-American Court of Human Rights of June 16, August 7 and
18, September 14, and November 12, 2000; May 26, 2001; October 5, 2005, and February
2, 2006, whereby measures were adopted to the benefit of Benito Tide Méndez, Antonio
Sension, Andrea Alezy, Janty Fils-Aime, William Medina Ferreras, Berson Gelim, Rafaelito
Pérez Charles, del Padre Pedro Ruquoy, and Solain Pie or Solain Pierre or Solange Pierre
and their children.
3.
The Order of the Court of July 8, 2009, whereby the Court ordered the lifting of the
provisional measures to the benefit of Mr. Rafaelito Pérez Charles, Ms. Andrea Alezy, and
Pedro Ruquoy, a priest.
4.
The reports filed by the Dominican Republic on August 24 and November 30, 2009;
February 12, April 30, July 20, and October 19, 2010; January 18, March 28, September 1
and November 4, 2011.
5.
The comments of the representatives of the beneficiaries (hereinafter “the
representatives”) filed on October 16 and December 16, 2009; March 16, June 3, August 20,
and November 20, 2010; and March 11, April 29, October 7, and November 30, 2011.
6.
The comments of the Inter-American Commission on Human Rights of July 23, 2009;
June 3 and July 21, 2010; and March 18, May 11, and October 20, 2011.
Judge Rhadys Abreu Blondet, of Dominican nationality, recused herself from hearing the provisional
measures in this case pursuant to articles 19(2) of the Statute and 19 and 21 of the Rules of Procedure of the
Court.
*
It should be noted that throughout this case, the parties have referred to Solain Pie or Solain Pierre or
Solange Pierre. The Court observes that it is the same person, for which reason she will be referred to hereinafter
as “Solange Pierre o señora Pierre.”