ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS *
OF SEPTEMBER 7, 2012
PROVISIONAL MEASURES
REGARDING THE DOMINICAN REPUBLIC
MATTER OF HAITIANS AND DOMINICANS OF HAITIAN
ORIGIN IN THE DOMINICAN REPUBLIC
HAVING SEEN:
1.
The brief of the Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) of May 30, 2000, and the
attachments thereto, by which it submitted to the Inter-American Court of Human
Rights (hereinafter “the Inter-American Court” or “the Court”) the request for
provisional measures in favor of Haitians and Dominicans of Haitian origin who are
subject to the jurisdiction of the Dominican Republic (hereinafter also “the State”) and
who are at risk of being collectively “expelled” or “deported”, in relation to case No.
12.271. On July 12, 2012, the Commission lodged before the Court case No. 12.271,
Benito Tide Mendez et al. v. The Dominican Republic, which was notified to the parties
on August 28, 2012.
2.
The Orders of the Inter-American Court of June 16; August 7 and 18;
September 14, and November 12, 2000; May 26, 2001; October 5, 2005, and
February 2, 2006, in which measures were adopted in favor of Benito Tide Mendez,
Antonio Sensión (hereinafter, also “Mr. Sension”), Andrea Alezy, Janty Fils-Aimé,
William Medina Ferreras (hereinafter also “Mr. Medina”), Berson Gelin (hereinafter
also “Mr. Gelin”), Rafaelito Pérez Charles, Priest Pedro Ruquoy and Solain Pie or
**
Solain Pierre or Solange Pierre (hereinafter “Solange Pierre” or Mrs. “Pierre”) and
her four children.
3.
The Order of the Court of July 8, 2009, whereby the Court ordered that the
provisional measures in favor of Rafaelito Pérez Charles, Andrea Alezy and priest
Pedro Ruquoy be rescinded.
4.
The Order of the Court of December 1, 2011, whereby it ordered that the
provisional measures in favor of Benito Tide Méndez be rescinded; it declared that
the provisional measures in relation to Janty Fils-Aimé be rescinded; it decided that
the measures in favor of Messrs. Sensión, Medina, and Gelin be maintained for at
least eight months as of notification of said Order; it ordered the State to submit a
*
Judge Rhadys Abreu Blondet, a Dominican national, excused herself from considering the
provisional measures in the instant case, in accordance with Articles 19(1) of the Rules of Procedure of the
Inter-American Court of Human Rights.
**
It is noted that throughout the instant case, the parties have made reference to Solain Pie or
Solain Pierre or Solange Pierre. The Court points out that this is the same person and, henceforward, the
Court shall refer to her as “Solange Pierre or Mrs. Pierre.”