4
his right to humane treatment, nor has there been progress regarding the
investigation of the facts that gave rise to urgent measures.
7.
The May 20, 2003 brief filed by the State in which it acknowledged receipt of
the April 4, 2003 reminder by the Secretariat (supra 5) and it stated that said letter
was forwarded to the Ministry of Justice and Public Security, “for appropriate action.”
8.
The May 22, 2003 letter by the Inter-American Commission forwarding to the
Court a March 21, 2003 note, received by the Secretariat of the Commission on May
6, 2003, in which the State referred to the precautionary measures ordered by the
Commission (supra 2(h)). The Commission also reiterated its observations made in
the April 16, 2003 brief (supra 6).
9.
The May 30, 2003 brief in which the Inter-American Commission referred to
the letters submitted by the State to the Inter-American Court on May 20, 2003
(supra 7) and it pointed out that they were received seven weeks after expiration of
the term set forth in the March 18, 2003 Order of the President (supra 4). The
Commission also pointed out that said letters do not constitute “a report to the InterAmerican Court of Human Rights […] regarding urgent measures adopted [by the
Sate].” On the other hand, the Commission reported that Mr. Fleury’s situation
remained the same as it was described in the April 16 and May 22, 2003 briefs, “that
is, he continues to live undercover and not at his house.” Finally, the Commission
asked the Court to:
1.
find that the State of Haiti has not fulfilled its obligation to effectively
implement the March 18, 2003 Order of the President of the Inter-American
Court of Human Rights;
2ratify the March 18, 2003 Order of the President of the Inter-American
Court of Human Rights, issue an Order on provisional measures in favor of
Lysias Fleury, all the above in reiteration of each of the operative paragraphs
of the March 18, 2003 Order of the President of the Inter-American Court of
Human Rights;
3.
order the State to report to the Court, within a brief term, on concrete
and effective measures adopted by Haiti to carry out the provisional measures,
and secondly to report to the Court in the same manner every two months.
10.
Resolutions 1818/01 and 1842/02 of the
Organization of American States, in which it decided:
General
Assembly
of
1.
To reiterate its support for the work carried out, at both the national
and regional levels, by human rights defenders; and to recognize their
valuable contribution to the protection, promotion, and observance of human
rights and fundamental freedoms in the Americas.
2.
To deplore acts that directly or indirectly prevent or hamper the work
of human rights defenders in the Americas.
3.
To urge member states to step up their efforts to adopt the necessary
measures, in keeping with their domestic law and with internationally accepted
principles and standards, to guarantee the life, personal safety, and freedom of
expression of human rights defenders.
[...]
the
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