application and its observations on the pleadings and motions brief would start on its
reception of that communication and its respective attachments. The State was again
provided with a copy of the application and the representatives’ brief with the respective
attachments.
8.
On May 20, 2011, the Secretariat communicated to the parties that, given the
State’s failure to respond, and in accordance to Articles 15 and 42 of the Rules of Procedure,
the Court had decided that it was not necessary to hold a public hearing in this case. In
addition, it asked the parties to present the final list of witnesses and expert witnesses,
which the Commission and the representatives forwarded on May 27, 2011.
9.
On June 1, 2011, the Court received an amicus curiae brief signed by Ariel Dulitzky,
on behalf of the Human Rights Clinic of the School of Law School of the University of Texas
at Austin, United States of America.
10.
In an order of July 20, 2011, the President required the submission of affidavits by
five expert witnesses, two proposed by the Commission and three by the representatives. In
addition, the President informed the parties of the time frame for the presentation of their
final written arguments on merits and reparations.
11.
On September 1 and 3, 2011, the Inter-American Commission and the
representatives of the alleged victim, respectively, forwarded their final written arguments.
The State did not submit a brief.
III
PROVISIONAL MEASURES
12.
On March 13, 2003, the Commission asked the Court to order the State to adopt
provisional measures to protect the life and personal integrity of Lysias Fleury. On March
18, 2003, the President of the Court ordered the State to adopt, without delay, the urgent
measures necessary to protect the life and personal integrity of the petitioner.5 On June 7,
2003, the Court ratified the order of the President.6 On December 2, 2003, due to the
failure of the State to present any report, the Court issued an order declaring that the State
had failed to comply with the orders and with its obligation to provide the corresponding
report; it also reiterated the measures ordered. On November 25, 2008, despite considering
“that the State ha[d] failed to comply with its obligation to inform the Court about the
implementation of the measures ordered, the Court considered that, since the beneficiary of
the measures has left the State that was supposed to protect him, and since no information
has been received to indicate that he w[ould] return soon or that he wishe[d] to do so, the
provisional measures in his favor ha[d] become ineffective.”
IV
COMPETENCE
5
Cf. Matter of Lysias Fleury. Provisional measures with regard to Haiti. Order of the President of the Court
of March 18, 2003.
6
Cf. Matter of Lysias Fleury. Provisional measures with regard to Haiti. Order of the Inter-American Court of
June 7, 2003.
6