123. International case law and, in particular, the case law of the Court have consistently
established that the judgment constitutes per se a form of reparation.107 However,
considering the circumstances of the case sub judice, in view of the harm caused to Lysias
Fleury and the consequences of an immaterial or non-pecuniary nature resulting from the
violations of Articles 5, 7, 8, 22 and 25 of the American Convention declared to the
detriment of the victims, the Court finds it pertinent to establish the following measures.
1.
Measures of satisfaction
124. The Commission did not ask the Court to order any measure of satisfaction. The
representatives asked the Court to order the State to publicly acknowledge its international
responsibility for the human rights violations in this case and to make a “public apology” in
a national newspaper.
125.
In this case, as it has in others,108 the Court finds it sufficient that the State publish,
within six months of notification of this judgment:
a) the official summary of this judgment prepared by the Court, once, in the
Official Gazette;
b) the official summary of this judgment prepared by the Court, once, in a national
newspaper with widespread circulation, and
c)
the entire judgment, available for one year, on an official website.
2. Guarantees of Non-Repetition
126.
The Commission requested the Court to order the State to:
a)
“Adopt the necessary measures to […] prevent and punish illegal and arbitrary detention”;
b)
“Ensure the effective prohibition of torture and cruel, inhuman and degrading treatment or
punishment in domestic law”;
c)
Take any measures that “may be necessary to prevent future violations such as those committed
against Mr. Fleury, including training for members of the Haitian security forces on the international
standards concerning the use of force and the prohibition of torture and cruel, inhuman and
degrading treatment or punishment, and arbitrary arrest and detention;
d) Undertake the “relevant reform of its investigation and prosecution proceedings for human rights
violations committed by members of the Haitian security forces to ensure that they are exhaustive,
prompt and impartial”;
e) “Review and strengthen its accountability mechanisms, such as the HNP General Inspectorate and
the Public Prosecution Service, and improve coordination between the State’s judicial officials and its
Judiciary to ensure effective and independent investigations of human rights abuses committed by
members of the Haitian security forces, and
f)
“Adopt, as a matter of priority, a policy to protect and prevent violence against human rights
defenders and adopt a public policy to combat impunity for human rights violations against human
rights defenders.”
107
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs, Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of Barbani Duarte et al. v. Uruguay, supra note 9, para. 243.
108
Cf. Case of Barrios Altos v. Peru. Reparations and costs. Judgment of November 30, 2001. Series C No.
87, Operative paragraph 5(d), and Case of Barbani Duarte et al. v. Uruguay, supra note 9; para. 252.
33
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