4
1.
[t]hat the Commission has indicated to this Tribunal that Father Pedro
Ruquoy and Ms. Solange Pie would render statements concerning the situation
of the alleged victims and the alleged practice of “expulsion” and the
consequences thereof, in order to illustrate the context within which this
request has been submitted[;]
2.
[t]hat the purpose of the depositions of Father Pedro Ruquoy and Ms.
Solange Pie bears no relationship to technical or specialized items with respect
to which this Tribunal would request the opinion of experts[;]
3.
[t]hat Article 44(1) of the Rules of Procedure of the Court establishes,
however, that the Court may “Obtain, on its own motion, any evidence it
considers helpful. In particular, it may hear as a witness, expert witness, or in
any other capacity, any person whose evidence, statement or opinion it deems
to be relevant[;]”
4.
[t]hat, in accordance with the reasons expressed by the State and the
Commission, both, Father Pedro Ruquoy, and Ms. Solange Pie have worked
with the alleged victims, and have directly perceived the circumstances and
conditions in which they live, whereby this Tribunal orders the appearance of
both to hear their statements in their capacity as witnesses[;]
b)
[t]hat the fact that a person has a direct interest in the outcome of a
proceeding or may have taken part as a petitioner in a case before the
Commission, is not a cause for hindrance to deposing before this Court which,
in its practice, has even admitted statements from the victim and her or his
relatives (I-A.CourtH.R., Loayza-Tamayo Case. Judgment of September 17,
1997. Series C N° 33; I-A.CourtH.R., Castillo-Páez Case. Judgment of
November 3, 1997. Series C N° 34; I-A.CourtH.R., Suárez-Rosero Case.
Judgment of November 12, 1997. Series C N° 35; I-A.CourtH.R. Blake Case.
Judgment of January 24, 1998. Series C N° 36; I-A.CourtH.R. PaniaguaMorales et al. Judgment of March 8, 1998. Serie C N° 37; I-A.CourtH.R.
Villagrán-Morales at al. Judgment of November 19, 1999. Series C N° 63)
[;]5
and decided
1.
[t]o summon Father Pedro Ruquoy in order that, as of 10:00 hours of
the 8th day of August, 2000, he appear before the Inter-American Court of
Human Rights to render a testimonial statement concerning the alleged
practice of “expulsion and deportation” of Haitian and Haitian-origin Dominican
nationals in the Dominican Republic[;]
2.
[t]o summon Ms. Solange Pie, in order that, as of 10:00 hours of the
8th day of August, 2000, she appear before the Inter-American Court of
Human Rights to render a testimonial statement concerning the alleged
5
This Court has observed the same practice in the stage of reparations (I-A.CourtH.R., LoayzaTamayo Case. Reparations (Art. 63.1 American Convention on Human Rights). Judgment of November
27, 1998. Series C N° 42; I-A.CourtH.R. Suárez-Rosero Case. Reparations (Art. 63.1 American
Convention on Human Rights). Judgment of January 20, 1999, Series C N° 44.