3
2.
That 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.
That 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.
That, 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.
5.
That 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; IA.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; IA.CourtH.R. Paniagua-Morales et al. Judgment of March 8, 1998. Serie C N° 37; IA.CourtH.R. Villagrán-Morales et al the two experts that it had offered. Judgment of
November 19, 1999. Series C N°63).2
NOW, THEREFORE,
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
Based on Article 63(2) of the American Convention, and Articles 25, 44(1), and 45 of
the Rules of Procedure of the Court,
DECIDES:
1.
To 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.
To 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 practice of “expulsion and
deportation” of Haitian and Haitian-origin Dominican nationals in the Dominican
Republic.
2
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.