asked the Court to declare the violation of Article 5 (Right to Personal Integrity), 8 (Right to
Judicial Guarantees) and 25 (Right to Judicial Protection) of the American Convention, in
relation to Article 1(1) thereof (Obligation to Respect Rights), to the detriment of his wife
Rose Benoit Fleury, their daughters Rose M. and Flemingkov Fleury, and their son
Heulingher Fleury. Lastly, it asked for specific reparations and the payment of costs and
expenses for the litigation of the case at the domestic and the international levels.
4.
The application was notified to the State of Haiti and to the representatives of the
alleged victims on September 9, 2009.
5.
On November 27, 2009, Meetali Jain, Andrea Pestone and Smita Rao of the
International Human Rights Law Clinic at American University,4 representatives of the
alleged victims (hereinafter “the representatives”), submitted to the Court their brief with
pleadings, motions and evidence (hereinafter “the pleadings and motions brief”), pursuant
to Article 36 of the Rules of Procedure. In this brief, they referred to the facts described in
the Commission’s application, providing further information on them, and argued that, in
addition to the violations alleged by the Commission, the State was responsible for the
violation of the rights recognized in Articles 16 (Freedom of Association) and 22 (Freedom of
Movement and Residence), in relation to Article 1(1), all of the American Convention, to the
detriment of Mr. Fleury and his family. Lastly, the representatives requested specific
reparations and payment of costs and expenses.
6.
Taking into account the conditions of the Haitian institutional framework, and the
dimension of the earthquake that occurred in January 2010 that seriously affected the
functioning of the State, in an order of February 1, 2010, the Court considered that, at that
time, it would be excessive to require the State to comply with the time frame established
in the Rules of Procedure to answer the application and present observations on the
pleadings and motions brief, since this had almost expired. Consequently, it decided that,
during its first regular session of 2011, it would determine how to continue processing this
case and, in particular, how to calculate the said time frame for the State to submit its
answer to the application. In addition, it indicated that its previous decision did not suspend
the other obligations of the State derived from the American Convention and other pertinent
international treaties. On March 4, 2011, the State was informed that the suspension of the
proceedings had concluded, so that they were re-opened as of that date. Nevertheless,
during the proceedings before the Court, the State did not answer the application or the
pleadings and motions brief of the representatives; furthermore, it did not participate in any
way. Consequently, the Court has had to resume the proceedings and, in compliance with
its functions under the Convention, must now deliver judgment.
II
PROCEEDINGS BEFORE THE COURT
7.
On March 4, 2011, on the instructions of the President of the Court (hereinafter “the
President”), the Secretariat informed the State of the conclusion of the time granted for the
suspension of the proceedings in this case, established in the second operative paragraph of
the above-mentioned order (supra para. 6), and that the proceedings would resume as of
that date. Consequently, the Secretariat advised that the two-month period established in
Article 39 of the Court’s Rules of Procedure for the State to present its answer to the
4
Subsequently, the representatives advised that, as of August 10, 2011, David Baluarte would be acting as
a lawyer in the case (evidence file, tome III, folio 1048).
5