DECLARES,
unanimously that:
1.
The State is responsible for the violation of the right to personal liberty recognized
in Article 7(1), 7(2), 7(3) and 7(4) of the American Convention on Human Rights, in relation
to Article 1(1) thereof, to the detriment of Lysias Fleury, in the terms of paragraphs 56, 59,
60 and 64 of this judgment.
2.
The State is responsible for the violation of the right personal integrity established in
Article 5(1) and 5(2) of the American Convention on Human Rights, in relation to Article
1(1) thereof, to the detriment of Lysias Fleury, in the terms of paragraphs 82 and 87 of this
judgment.
3.
The State is responsible for the violation of the rights to judicial guarantees and
judicial protection established in Articles 8(1) and 25(1) of the American Convention on
Human Rights, in relation to Article 1(1) thereof, to the detriment of Lysias Fleury and his
family, in the terms of paragraph 114 of this judgment.
4.
The State is responsible for the violation of the right to personal integrity established
in Article 5(1) of the American Convention on Human Rights, in relation to Article 1(1)
thereof, to the detriment of Rose Lilienne Benoit Fleury, and Rose Metchnikov, Flemingkov
and Heulingher Fleury, in the terms of paragraph 89 of this judgment.
5.
The State is responsible for the violation of the right to freedom of movement and
residence established in Article 22(1) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, to the detriment of Lysias Fleury, Rose Lilienne Benoit
Fleury, Rose Metchnikov Fleury, Flemingkov Fleury and Heulingher Fleury, in the terms of
paragraph 96 of this judgment.
6.
The State is responsible for the violation of the right to freedom of association,
established in Article 16 of the American Convention on Human Rights, in relation to Article
1(1) thereof, to the detriment of Lysias Fleury, in the terms of paragraph 102 of this
judgment.
AND DECIDES,
unanimously that:
1.
This judgment constitutes per se a form of reparation.
2.
The State must initiate, conduct and complete the necessary investigations and
proceedings, within a reasonable time, to establish the truth of the facts, and to identify
and, as appropriate, punish those responsible for what happened to Lysias Fleury, in the
terms of paragraphs 120 and 121 of this judgment.
3.
The State must implement, within a reasonable time, a permanent compulsory
course or program on human rights for officials of all ranks of the Haitian National Police,
and the judicial officials of Haiti, in the terms of paragraphs 129 and 130 of this judgment.
4.
The State must pay, within one year, the amounts established in paragraphs 138,
146 and 153 of this judgment as compensation for pecuniary and non-pecuniary damage
41
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