the HNP (supra para. 36). For five years, Mr. Fleury lived in hiding in Haiti, separated from
his family, and with frequent displacements within Haitian territory so that his assailants
could not to find him (supra paras. 41 and 42). Finally, Mr. Fleury and his family had to go
into exile and request refugee status in the United States of America because they feared
for their safety in Haiti (supra para. 43). In this regard, Mrs. Fleury has stated that, after
the facts occurred against her husband, unknown individuals “came to look for him
frequently” and once she saw one of the alleged perpetrators watching her (supra para. 42).
She added that all of this made her afraid.85
96.
Based on the above considerations, the Court declares that the State is responsible
for violating the right to freedom of movement and residence recognized in Article 22(1) of
the Convention, in relation to Article 1(1) thereof, to the detriment of Lysias Fleury, Rose
Lilienne Benoit Fleury, and Rose Metchnikov, Flemingkov and Heulingher Fleury.
VII.5
FREEDOM OF ASSOCIATION
A.
Arguments
97.
The representatives argued that when a State commits violations against human
rights defenders using threats to life, liberty and personal integrity perpetrated in reprisal
for their work, which also leads to the exile of a human rights defender, as in this case, the
freedom of association of the victim is restricted and, consequently, that right is violated in
the terms of the American Convention. The representatives indicated that due to his
profession, Mr. Fleury was known to the members of the Haitian National Police. In addition,
Mr. Fleury, and his family, continued to receive threats from officials years after his release.
All of the above proves that Mr. Fleury has been the target of harassment owing to his work
as a human rights defender. Based on the foregoing, they considered that Mr. Fleury was
also a victim of a violation of the rights recognized in Article 16 of the American Convention.
98.
Although the Commission did not allege the violation of this right, it did refer in its
application to the facts mentioned by the representatives.
B.
Considerations of the Court
99.
Article 16(1) of the American Convention establishes that those who are under the
jurisdiction of the States Parties have the right and the freedom to associate freely with
others, without any interference from the public authorities that could limit or impair the
exercise of this right. Thus, this is the right to associate with others in order to achieve a
lawful common objective without pressure or interference that could alter or interfere with
this objective.86
100. In addition to these negative obligations, the Inter-American Court has observed that
freedom of association also “gives rise to positive obligations to prevent attacks on it, to
85
Testimony of Lilienne Benoit of November 13, 2009 (attachment 11 to the brief with pleadings, motions
and evidence, tome 2, folio 659, para. 7).
86
Cf. Case of Baena Ricardo et al. v. Panama. Preliminary objections. Judgment of November 18, 1999.
Series C No. 61, para. 156, and Case of Kawas Fernández v. Honduras. Merits, reparations and costs. Judgment of
April 3, 2009. Series C No. 196, para. 143.
27
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